Discrimination: Difference between revisions
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{{Short description|Prejudicial treatment based on membership in a certain group}} | {{Short description|Prejudicial treatment based on membership in a certain group}} | ||
{{About| prejudicial treatment|the ability to distinguish one thing from another|Discrimination (information)}} | {{Use mdy dates|date=May 2020}} | ||
{{Hatnote group| | |||
{{About|prejudicial treatment|the ability to distinguish one thing from another|Discrimination (information)}} | |||
{{Distinguish|Discriminant}} | {{Distinguish|Discriminant}} | ||
{{Redirect|Bigot}} | {{Redirect|Bigot}} | ||
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[[File:Negro drinking at "Colored" water cooler in streetcar terminal, Oklahoma City, Oklahoma by Russell Lee.jpg |thumb| | [[File:Negro drinking at "Colored" water cooler in streetcar terminal, Oklahoma City, Oklahoma by Russell Lee.jpg|thumb|alt=See caption|An African-American man drinking from a [[Racial segregation in the United States|racially segregated]] water cooler marked "Colored", in [[Oklahoma City]] {{circa|1939}}]] | ||
'''Discrimination''' is the process of making prejudicial [[Distinction (sociology)|distinctions]] between people based on the groups, classes, or other categories to which they belong or are perceived to belong,<ref>{{Cite web|title=What drives discrimination and how do we stop it?|url=https://www.amnesty.org/en/what-we-do/discrimination/|access-date=2020-10-13|website=www.amnesty.org|publisher=[[Amnesty International]]|language=en|quote=Discrimination occurs when a person is unable to enjoy his or her human rights or other legal rights on an equal basis with others because of an unjustified distinction made in policy, law or treatment.}}</ref> such as [[Racial discrimination|race]], [[Sexism|gender]], [[Ageism|age]], [[Class discrimination|class]], [[Religious discrimination|religion]], [[disability]] or [[Sexual orientation discrimination|sexual orientation]].<ref name="apa-discrimination">{{Cite web|date=2019-10-31|title=Discrimination: What it is, and how to cope|url=https://www.apa.org/topics/discrimination|access-date=2020-10-13|publisher=[[American Psychological Association]] |quote=Discrimination is the unfair or prejudicial treatment of people and groups based on characteristics such as race, gender, age or sexual orientation.}}</ref> Discrimination typically leads to groups being unfairly treated on the basis of perceived statuses of characteristics, for example ethnic, racial, gender or religious categories.<ref name="apa-discrimination"/><ref>{{cite web|title=discrimination, definition|url=http://dictionary.cambridge.org/dictionary/american-english/discrimination |work=Cambridge Dictionaries Online|publisher=Cambridge University|access-date=March 29, 2013}}</ref> It involves depriving members of one group of opportunities or privileges that are available to members of another group.<ref>Introduction to sociology. 7th ed. New York: [[W. W. Norton & Company]] Inc, 2009. p. 334.</ref> | |||
'''Discrimination''' is the process of making | |||
Discriminatory traditions, policies, ideas, practices and laws exist in many countries and [[institution]]s in all parts of the world, including some, where such discrimination is generally decried. In some places, countervailing measures such as quotas have been used to redress the balance in favor of those who are believed to be current or past victims of discrimination. These attempts have often been met with controversy, and sometimes been called [[reverse discrimination]]. | Discriminatory traditions, policies, ideas, practices and laws exist in many countries and [[institution]]s in all parts of the world, including some, where such discrimination is generally decried. In some places, countervailing measures such as quotas have been used to redress the balance in favor of those who are believed to be current or past victims of discrimination. These attempts have often been met with controversy, and sometimes been called [[reverse discrimination]].<ref>{{Cite web |last=Mahalia Mayne |first=Mayne |date=6 July 2023 |title=Should positive discrimination be legal in the UK? |url=https://www.peoplemanagement.co.uk/article/1829130?utm_source=website&utm_medium=social |access-date=2025-08-06 |website=www.peoplemanagement.co.uk |language=en}}</ref> | ||
==Etymology== | ==Etymology== | ||
The term ''discriminate'' appeared in the early 17th century in the English language. It is from the [[Latin language|Latin]] ''discriminat-'' 'distinguished between', from the verb ''discriminare'', from ''discrimen'' 'distinction', from the verb ''discernere'' (corresponding to "to discern").<ref>{{cite web|title=Definition of discrimination; Origin|url=http://oxforddictionaries.com/definition/english/discriminate?q=discriminate|archive-url=https://web.archive.org/web/20130514145943/http://oxforddictionaries.com/definition/english/discriminate?q=discriminate | The term ''discriminate'' appeared in the early 17th century in the English language. It is from the [[Latin language|Latin]] ''discriminat-'' 'distinguished between', from the verb ''discriminare'', from ''discrimen'' 'distinction', from the verb ''discernere'' (corresponding to "to discern").<ref>{{cite web|title=Definition of discrimination; Origin|url=http://oxforddictionaries.com/definition/english/discriminate?q=discriminate|archive-url=https://web.archive.org/web/20130514145943/http://oxforddictionaries.com/definition/english/discriminate?q=discriminate|archive-date=May 14, 2013|work=Oxford Dictionaries|publisher= Oxford University|access-date=January 14, 2013}}</ref> Since the [[American Civil War]] the term "discrimination" generally evolved in [[American English]] usage as an understanding of prejudicial treatment of an individual based solely on their race, later generalized as membership in a certain socially undesirable [[Social group|group]] or social category.<ref>{{Cite book |title=Introduction to sociology |publisher=[[W. W. Norton & Company]] Inc. |year=2009 |edition=7th |location=New York |page=324 |medium=Print}}</ref> | ||
Before this sense of the word became almost universal, it was a synonym for discernment, tact and culture as in "taste and discrimination", generally a laudable attribute; to "discriminate against" being commonly disparaged.<ref>{{cite book|editor=Simpson, J.A. |title=The Oxford Dictionary |edition=2nd |year=1989 |volume=IV |page=758 |publisher=Clarendon Press |isbn=0-19861216-8}}</ref><ref>{{cite book|title=The Macquarie Concise Thesaurus — Australia's National Thesaurus |editor=Richard Tardif |year=1985 |publisher=The Macquarie Library |isbn=0-94975797-7}}</ref>{{Page needed|date=January 2024}} | Before this sense of the word became almost universal, it was a synonym for discernment, tact and culture as in "taste and discrimination", generally a laudable attribute; to "discriminate against" being commonly disparaged.<ref>{{cite book|editor=Simpson, J.A. |title=The Oxford Dictionary |edition=2nd |year=1989 |volume=IV |page=758 |publisher=Clarendon Press |isbn=0-19861216-8}}</ref><ref>{{cite book|title=The Macquarie Concise Thesaurus — Australia's National Thesaurus |editor=Richard Tardif |year=1985 |publisher=The Macquarie Library |isbn=0-94975797-7}}</ref>{{Page needed|date=January 2024}} | ||
==Definitions== | ==Definitions== | ||
Moral philosophers{{who|date=November 2024}} have defined{{when|reason=When was this definition ratified?|date=November 2024}} discrimination using a [[Morality|moralized]] definition. Under this approach, discrimination is defined as acts, practices, or policies that wrongfully impose a relative disadvantage or deprivation on persons based on their membership in a salient social group.<ref>{{Citation|last=Altman|first=Andrew|title=Discrimination|date=2020|url=https://plato.stanford.edu/archives/sum2020/entries/discrimination/|encyclopedia=[[Stanford Encyclopedia of Philosophy]]|editor-last=Zalta|editor-first=Edward N.|edition=Summer 2020|publisher=Metaphysics Research Lab, Stanford University|quote=[A]s a reasonable first approximation, we can say that discrimination consists of acts, practices, or policies that impose a relative disadvantage on persons based on their membership in a salient social group. [...] [W]e can refine the first-approximation account of discrimination and say that the moralized concept of discrimination is properly applied to acts, practices or policies that meet two conditions: a) they wrongfully impose a relative disadvantage or deprivation on persons based on their membership in some salient social group, and b) the wrongfulness rests (in part) on the fact that the imposition of the disadvantage is on account of the group membership of the victims.|access-date=2020-10-13}}</ref> This is a comparative definition. An individual need not be actually harmed in order to be discriminated against. They just | Moral philosophers{{who|date=November 2024}} have defined{{when|reason=When was this definition ratified?|date=November 2024}} discrimination using a [[Morality|moralized]] definition. Under this approach, discrimination is defined as acts, practices, or policies that wrongfully impose a relative disadvantage or deprivation on persons based on their membership in a salient social group.<ref>{{Citation|last=Altman|first=Andrew|title=Discrimination|date=2020|url=https://plato.stanford.edu/archives/sum2020/entries/discrimination/|encyclopedia=[[Stanford Encyclopedia of Philosophy]]|editor-last=Zalta|editor-first=Edward N.|edition=Summer 2020|publisher=Metaphysics Research Lab, Stanford University|quote=[A]s a reasonable first approximation, we can say that discrimination consists of acts, practices, or policies that impose a relative disadvantage on persons based on their membership in a salient social group. [...] [W]e can refine the first-approximation account of discrimination and say that the moralized concept of discrimination is properly applied to acts, practices or policies that meet two conditions: a) they wrongfully impose a relative disadvantage or deprivation on persons based on their membership in some salient social group, and b) the wrongfulness rests (in part) on the fact that the imposition of the disadvantage is on account of the group membership of the victims.|access-date=2020-10-13}}</ref> This is a comparative definition. An individual need not be actually harmed in order to be discriminated against. They just need to be treated ''worse'' than others for some arbitrary reason. If someone decides to donate to help orphan children, but decides to donate less, say, to children of a particular race out of a racist attitude, they will be acting in a discriminatory way even if they actually benefit the people they discriminate against by donating some money to them.<ref>Kasper Lippert-Rasmussen, "Private Discrimination: A Prioritarian, Desert-Accommodating Account", ''San Diego Law Review'', 43, 817–856 (2006); Oscar Horta, "Discrimination in Terms of Moral Exclusion", ''Theoria: Swedish Journal of Philosophy'', 76, 346–364 (2010).</ref> Discrimination also develops into a source of [[oppression]], the action of recognizing someone as 'different' so much that they are treated inhumanly and degraded.<ref>{{Cite book |last=Thompson |first=Neil |url=https://books.google.com/books?id=nVIJDAAAQBAJ&q=equality&pg=PP1 |title=Anti-Discriminatory Practice: Equality, Diversity and Social Justice |date=2016 |publisher=Palgrave Macmillan |isbn=978-1-137-58666-7 |language=en }}{{Dead link|date=February 2024 |bot=InternetArchiveBot |fix-attempted=yes }}</ref> | ||
This moralized definition of discrimination is distinct from a non-moralized definition—in the former, discrimination is wrong by definition, whereas in the latter, this is not the case.<ref name="Altman 2020">{{Citation |last=Altman |first=Andrew |title=Discrimination |date=2020 |url=https://plato.stanford.edu/archives/sum2020/entries/discrimination/ |encyclopedia=[[Stanford Encyclopedia of Philosophy]] |editor-last=Zalta |editor-first=Edward N. |edition=Summer 2020 |publisher=Metaphysics Research Lab, Stanford University |access-date=2020-12-29}}</ref> | This moralized definition of discrimination is distinct from a non-moralized definition—in the former, discrimination is wrong by definition, whereas in the latter, this is not the case.<ref name="Altman 2020">{{Citation |last=Altman |first=Andrew |title=Discrimination |date=2020 |url=https://plato.stanford.edu/archives/sum2020/entries/discrimination/ |encyclopedia=[[Stanford Encyclopedia of Philosophy]] |editor-last=Zalta |editor-first=Edward N. |edition=Summer 2020 |publisher=Metaphysics Research Lab, Stanford University |access-date=2020-12-29}}</ref> | ||
The [[United Nations]] stance on discrimination includes the statement: "Discriminatory behaviors take many forms, but they all involve some form of exclusion or rejection."<ref>{{cite web|url=http://cyberschoolbus.un.org/discrim/id_8_ud_print.asp |title=United Nations CyberSchoolBus: What is discrimination? | The [[United Nations]] stance on discrimination includes the statement: "Discriminatory behaviors take many forms, but they all involve some form of exclusion or rejection."<ref>{{cite web|url=http://cyberschoolbus.un.org/discrim/id_8_ud_print.asp |title=United Nations CyberSchoolBus: What is discrimination? |archive-url=https://web.archive.org/web/20140601211521/http://cyberschoolbus.un.org/discrim/id_8_ud_print.asp |archive-date=2014-06-01 }}</ref> The [[United Nations Human Rights Council]] and other international bodies work towards helping ending discrimination around the world. | ||
==Types== | ==Types== | ||
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{{Main|Ageism|Adultism}} | {{Main|Ageism|Adultism}} | ||
[[Ageism]] or age discrimination is discrimination and stereotyping based on the grounds of someone's age.<ref>{{cite web|title=Definition of Ageism|url=http://oxforddictionaries.com/definition/english/ageism?q=ageism|archive-url=https://web.archive.org/web/20130514145002/http://oxforddictionaries.com/definition/english/ageism?q=ageism | [[Ageism]] or age discrimination is discrimination and stereotyping based on the grounds of someone's age.<ref>{{cite web|title=Definition of Ageism|url=http://oxforddictionaries.com/definition/english/ageism?q=ageism|archive-url=https://web.archive.org/web/20130514145002/http://oxforddictionaries.com/definition/english/ageism?q=ageism|archive-date=May 14, 2013|work=Oxford Dictionaries|publisher=Oxford University Press|access-date=December 4, 2012}}</ref> It is a set of beliefs, norms, and values which used to justify discrimination or subordination based on a person's age.<ref name="KirkpatrickKatsiaficas1987">{{cite book|last1=Kirkpatrick|first1=George R.|last2=Katsiaficas|first2=George N.|last3=Kirkpatrick|first3=Robert George|author4=Mary Lou Emery|title=Introduction to critical sociology|url=https://books.google.com/books?id=xdf2QupEaHgC&pg=PA261|access-date=January 28, 2011|year=1987|publisher=Ardent Media|isbn=978-0-8290-1595-9|page=261}}</ref> Ageism is most often directed toward elderly people, or adolescents and children.<ref>Wilkinson J and Ferraro K, "Thirty Years of Ageism Research". In Nelson T (ed). ''Ageism: Stereotyping and Prejudice Against Older Persons''. Massachusetts Institute of Technology, 2002</ref><ref>[http://www.youthrights.org/oppressed.php "Young and Oppressed"]. youthrights.org. Retrieved April 11, 2012. {{webarchive |url=https://web.archive.org/web/20110728105250/http://www.youthrights.org/oppressed.php |date=July 28, 2011}}</ref> | ||
Age discrimination in hiring has been shown to exist in the United States. Joanna Lahey, professor at The [[Bush School of Government and Public Service]] at [[Texas A&M]], found that firms are more than 40% more likely to interview a young adult job applicant than an older job applicant.<ref>Lahey, J. (2005) [https://ideas.repec.org/p/crr/issbrf/ib33.html Do Older Workers Face Discrimination?] Boston College. {{webarchive |url=https://web.archive.org/web/20120414230847/https://ideas.repec.org/p/crr/issbrf/ib33.html |date=April 14, 2012}}</ref> In Europe, Stijn Baert, Jennifer Norga, Yannick Thuy and Marieke Van Hecke, researchers at [[Ghent University]], measured comparable ratios in Belgium. They found that age discrimination is heterogeneous by the activity older candidates undertook during their additional post-educational years. In Belgium, they are only discriminated if they have more years of inactivity or irrelevant employment.<ref>Baert, S., Norga, J., Thuy, Y., Van Hecke, M. (In press) [http://users.ugent.be/~sbaert/BaertNorgaThuyVanHecke_GettingGreyHairs_JEP.pdf Getting Grey Hairs in the Labour Market: An Alternative Experiment on Age Discrimination] Journal of Economic Psychology.</ref> | Age discrimination in hiring has been shown to exist in the United States. Joanna Lahey, professor at The [[Bush School of Government and Public Service]] at [[Texas A&M]], found that firms are more than 40% more likely to interview a young adult job applicant than an older job applicant.<ref>Lahey, J. (2005) [https://ideas.repec.org/p/crr/issbrf/ib33.html Do Older Workers Face Discrimination?] Boston College. {{webarchive |url=https://web.archive.org/web/20120414230847/https://ideas.repec.org/p/crr/issbrf/ib33.html |date=April 14, 2012}}</ref> In Europe, Stijn Baert, Jennifer Norga, Yannick Thuy and Marieke Van Hecke, researchers at [[Ghent University]], measured comparable ratios in Belgium. They found that age discrimination is heterogeneous by the activity older candidates undertook during their additional post-educational years. In Belgium, they are only discriminated if they have more years of inactivity or irrelevant employment.<ref>Baert, S., Norga, J., Thuy, Y., Van Hecke, M. (In press) [http://users.ugent.be/~sbaert/BaertNorgaThuyVanHecke_GettingGreyHairs_JEP.pdf Getting Grey Hairs in the Labour Market: An Alternative Experiment on Age Discrimination] Journal of Economic Psychology.</ref> | ||
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{{See also|Caste}} | {{See also|Caste}} | ||
According to [[UNICEF]] and [[Human Rights Watch]], [[caste]] discrimination affects an estimated 250 million people worldwide and is mainly prevalent in parts of Asia (India, Sri Lanka, Bangladesh, Pakistan, Nepal, Japan) and Africa.<ref>{{cite web|url=http://www.unicef.org/protection/index_discrimination.html|title=Discrimination|work=[[UNICEF]]|archive-url=https://web.archive.org/web/20110608013440/http://www.unicef.org/protection/index_discrimination.html|archive-date=2011-06-08}}</ref><ref>{{cite web|url=http://hrw.org/english/docs/2001/08/29/global1815.htm|title=Global Caste Discrimination|work=[[Human Rights Watch]]|access-date=April 26, 2016|archive-url=https://web.archive.org/web/20081115074446/http://hrw.org/english/docs/2001/08/29/global1815.htm|archive-date=November 15, 2008 | According to [[UNICEF]] and [[Human Rights Watch]], [[caste]] discrimination affects an estimated 250 million people worldwide and is mainly prevalent in parts of Asia (India, Sri Lanka, Bangladesh, Pakistan, Nepal, Japan) and Africa.<ref>{{cite web|url=http://www.unicef.org/protection/index_discrimination.html|title=Discrimination|work=[[UNICEF]]|archive-url=https://web.archive.org/web/20110608013440/http://www.unicef.org/protection/index_discrimination.html|archive-date=2011-06-08}}</ref><ref>{{cite web|url=http://hrw.org/english/docs/2001/08/29/global1815.htm|title=Global Caste Discrimination|work=[[Human Rights Watch]]|access-date=April 26, 2016|archive-url=https://web.archive.org/web/20081115074446/http://hrw.org/english/docs/2001/08/29/global1815.htm|archive-date=November 15, 2008}}</ref> {{As of|2011}}, there were 200 million [[Dalit]]s or [[Scheduled Castes]] (formerly known as "untouchables") in India.<ref>{{cite web|url=https://idsn.org/india-official-dalit-population-exceeds-200-million/|title=India: Official Dalit population exceeds 200 million|date=May 29, 2013|publisher=International Dalit Solidarity Network|access-date=July 30, 2014}}</ref> | ||
===Citizenship or nationality=== | |||
{{Main|Discrimination based on nationality}} | |||
Discrimination on the basis of [[nationality]], [[citizenship]] or [[naturalization]] is usually included in [[Employment discrimination|employment laws]].<ref>[http://dwd.wisconsin.gov/er/discrimination_civil_rights/publication_erd_14009_pweb.htm Race, Color, National Origin and Ancestry], State of Wisconsin {{webarchive |url=https://web.archive.org/web/20121024061935/http://dwd.wisconsin.gov/er/discrimination_civil_rights/publication_erd_14009_pweb.htm |date=October 24, 2012 }}</ref> It may vary from laws that regulate hiring and firing based on citizenship, to forced retirement, compensation and pay, etc., based on immigration status. In the [[Cooperation Council for the Arab States of the Gulf|GCC]] states, in the workplace, preferential treatment is given to full citizens, even though many of them lack experience or motivation to do the job. State benefits are also generally available for citizens only.<ref>{{cite web|url=http://www.thenational.ae/thenationalconversation/comment/emiratisation-wont-work-if-people-dont-want-to-learn|title=Emiratisation won't work if people don't want to learn|author=Ayesha Almazroui|access-date=April 26, 2016 |archive-date=April 26, 2016 |archive-url=https://web.archive.org/web/20160426083228/http://www.thenational.ae/thenationalconversation/comment/emiratisation-wont-work-if-people-dont-want-to-learn |date=March 18, 2013 }}</ref> Citizenship discrimination may show as a "level of acceptance" in a team regarding new team members and employees who differ from the citizenship of the majority of team members.<ref>Christiane Schwieren, [http://sgr.sagepub.com/content/39/6/643.abstract Mechanisms Underlying Nationality-Based Discrimination in Teams. A Quasi-Experiment Testing Predictions From Social Psychology and Microeconomics] {{Webarchive|url=https://web.archive.org/web/20151231234833/http://sgr.sagepub.com/content/39/6/643.abstract |date=2015-12-31 }}, Maastricht University</ref> Citizenship discrimination can be sometimes connected with racial discrimination<ref>{{cite web|title=Race and National Origin Discrimination|url=https://www2.ed.gov/about/offices/list/ocr/frontpage/faq/race-origin.html|website=Office for Civil Rights|publisher=U.S. Department of Education|access-date=December 16, 2017}}</ref> although it can be separate. | |||
===Class=== | ===Class=== | ||
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{{Main|Disability discrimination}} | {{Main|Disability discrimination}} | ||
Discrimination against people with [[Disability|disabilities]] in favor of people who are not is called [[ableism]] or [[disablism]]. Disability discrimination, which treats non-disabled individuals as the standard of 'normal living', results in public and private places and services, educational settings, | Discrimination against people with [[Disability|disabilities]] in favor of people who are not is called [[ableism]] or [[disablism]]. Disability discrimination, which treats non-disabled individuals as the standard of 'normal living', results in public and private places and services, workplaces and educational settings, that are built to serve 'standard' people, which can exclude or hinder those with various disabilities. | ||
Some studies have shown that employment can be beneficial to people with disabilities, helping to sustain their mental health and well-being. Work can fulfil a number of basic needs for an individual such as collective purpose, social contact, status, and activity, therefore reducing social isolation.<ref>{{cite journal|last=Vornholt|first=Katharina|author2=Sjir Uitdewilligen |author3=Frans J.N. Nijhuis |title=Factors Affecting the Acceptance of People with Disabilities at Work: A Literature Review|journal=Journal of Occupational Rehabilitation|date=December 2013|volume=23|issue=4|pages=463–75|doi=10.1007/s10926-013-9426-0|pmid=23400588|s2cid=10038886|url=https://cris.maastrichtuniversity.nl/en/publications/309d145f-bd62-4b5b-826b-a08c64b00bb0}}</ref> | |||
Other research shows that employment is not always beneficial, particularly if a disabled persons needs are not considered. A decline in the working age population, particularly in Europe, is resulting in disabled people being seen as more of a valuable resource, within the labour market, for economic reasons.<ref>{{Cite journal |last1=Vornholt |first1=Katharina |last2=Villotti |first2=Patrizia |last3=Muschalla |first3=Beate |last4=Bauer |first4=Jana |last5=Colella |first5=Adrienne |last6=Zijlstra |first6=Fred |last7=Van Ruitenbeek |first7=Gemma |last8=Uitdewilligen |first8=Sjir |last9=Corbière |first9=Marc |date=10 October 2017 |title=Disability and employment – overview and highlights |journal=European Journal of Work and Organizational Psychology |volume=27 |issue=1 |pages=40–55 |doi=10.1080/1359432X.2017.1387536 |issn=1359-432X}}</ref> | |||
In the United States, the [[Americans with Disabilities Act]] mandates the provision of equality of access to both buildings and services and is paralleled by similar acts in other countries, such as the [[Equality Act 2010]] in the UK. | |||
===Excellence=== | ===Excellence=== | ||
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===Name=== | ===Name=== | ||
Discrimination based on a person's name may also occur, with researchers suggesting that this form of discrimination is present based on a name's meaning, its pronunciation, its uniqueness, its gender affiliation, and its racial affiliation.<ref>{{cite journal | last1 =Silberzhan | first1 =Raphael | title =It Pays to be Herr Kaiser | journal =Psychological Science | volume =24 | issue =12 | pages =2437–2444 | date =May 19, 2013 | doi =10.1177/0956797613494851 | pmid =24113624 | s2cid =30086487 }}</ref><ref>{{cite journal | last =Laham | first =Simon | title =The name-pronunciation effect: Why people like Mr. Smith more than Mr. Colquhoun | journal =Journal of Experimental Social Psychology | volume=48 | issue =2012 | pages =752–756 | date =December 9, 2011 | doi =10.1016/j.jesp.2011.12.002 | s2cid =6757690 }}</ref><ref>{{cite journal | last =Cotton | first =John | title =The "name game": affective and hiring reactions to first names | journal =Journal of Managerial Psychology | volume =23 | issue =1 | pages =18–39 | date =July 2007 | doi =10.1108/02683940810849648 | s2cid =4484088 | url =https://epublications.marquette.edu/cgi/viewcontent.cgi?article=1002&context=mgmt_fac | url-access =subscription }}</ref><ref>{{cite journal | last =Bertrand | first =Marianne | title =Are Emily and Brendan More Employable than Lakisha and Jamaal? | journal =The American Economic Review | volume =94 | issue =4 | pages =991–1013 | date =September 2004 | doi =10.1257/0002828042002561 | url =http://s3.amazonaws.com/fieldexperiments-papers2/papers/00216.pdf }}</ref><ref>{{cite news | last = Easton | first=Stephen | title=Blind recruiting study suggests positive discrimination common in the APS | newspaper=The Mandarin | date=June 30, 2017 }}</ref> Research has further shown that real world recruiters spend an average of just six seconds reviewing each résumé before making their initial "fit/no fit" screen-out decision and that a person's name is one of the six things they focus on most.<ref>{{cite news | last = Smith | first =Jacquelyn | title =Here's What Recruiters Look At In The 6 Seconds They Spend On Your Résumé | newspaper =Business Insider | date =November 4, 2014 }}</ref> France has made it illegal to view a person's name on a résumé when screening for the initial list of most qualified candidates. Great Britain, Germany, Sweden, and the Netherlands have also experimented with name-blind summary processes.<ref>{{cite news | title =No names, no bias | newspaper =The Economist | date =October 29, 2015 }}</ref> Some apparent discrimination may be explained by other factors such as name frequency.<ref>{{cite journal | last1 =Silberzhan | first1=Raphael | last2=Simonsohn | first2=Uri | last3=Uhlmann| first3=Eric| title =Matched-Names Analysis Reveals No Evidence of Name-Meaning Effects: A Collaborative Commentary on Silberzahn and Uhlmann | journal = Psychological Science | volume =25 | issue =7 | pages =1504–1505 | date =February 4, 2014|url=http://www.socialjudgments.com/docs/Silberzahn_Simonsohn_Uhlmann_2014_Collaborative_Commentary_and_Online_Supplement.pdf | doi=10.1177/0956797614533802 | pmid=24866920 | s2cid=26814316 }}</ref> The effects of name discrimination based on a name's fluency is subtle, small and subject to significantly changing norms.<ref>{{cite news | title =The Power of Names | newspaper =The New York Times | date =May 29, 2013 }}</ref> | Discrimination based on a person's name may also occur, with researchers suggesting that this form of discrimination is present based on a name's meaning, its pronunciation, its uniqueness, its gender affiliation, and its racial affiliation.<ref>{{cite journal | last1 =Silberzhan | first1 =Raphael | title =It Pays to be Herr Kaiser | journal =Psychological Science | volume =24 | issue =12 | pages =2437–2444 | date =May 19, 2013 | doi =10.1177/0956797613494851 | pmid =24113624 | s2cid =30086487 }}</ref><ref>{{cite journal | last =Laham | first =Simon | title =The name-pronunciation effect: Why people like Mr. Smith more than Mr. Colquhoun | journal =Journal of Experimental Social Psychology | volume=48 | issue =2012 | pages =752–756 | date =December 9, 2011 | doi =10.1016/j.jesp.2011.12.002 | s2cid =6757690 }}</ref><ref>{{cite journal | last =Cotton | first =John | title =The "name game": affective and hiring reactions to first names | journal =Journal of Managerial Psychology | volume =23 | issue =1 | pages =18–39 | date =July 2007 | doi =10.1108/02683940810849648 | s2cid =4484088 | url =https://epublications.marquette.edu/cgi/viewcontent.cgi?article=1002&context=mgmt_fac | url-access =subscription }}</ref><ref>{{cite journal | last =Bertrand | first =Marianne | title =Are Emily and Brendan More Employable than Lakisha and Jamaal? | journal =The American Economic Review | volume =94 | issue =4 | pages =991–1013 | date =September 2004 | doi =10.1257/0002828042002561 | url =http://s3.amazonaws.com/fieldexperiments-papers2/papers/00216.pdf }}</ref><ref>{{cite news | last = Easton | first=Stephen | title=Blind recruiting study suggests positive discrimination common in the APS | newspaper=The Mandarin | date=June 30, 2017 }}</ref> Research has further shown that real world recruiters spend an average of just six seconds reviewing each résumé before making their initial "fit/no fit" screen-out decision and that a person's name is one of the six things they focus on most.<ref>{{cite news | last = Smith | first =Jacquelyn | title =Here's What Recruiters Look At In The 6 Seconds They Spend On Your Résumé | newspaper =Business Insider | date =November 4, 2014 }}</ref> France has made it illegal to view a person's name on a résumé when screening for the initial list of most qualified candidates. Great Britain, Germany, Sweden, and the Netherlands have also experimented with name-blind summary processes.<ref>{{cite news | title =No names, no bias | newspaper =The Economist | date =October 29, 2015 }}</ref> Some apparent discrimination may be explained by other factors such as name frequency.<ref>{{cite journal | last1 =Silberzhan | first1=Raphael | last2=Simonsohn | first2=Uri | last3=Uhlmann| first3=Eric| title =Matched-Names Analysis Reveals No Evidence of Name-Meaning Effects: A Collaborative Commentary on Silberzahn and Uhlmann | journal = Psychological Science | volume =25 | issue =7 | pages =1504–1505 | date =February 4, 2014|url=http://www.socialjudgments.com/docs/Silberzahn_Simonsohn_Uhlmann_2014_Collaborative_Commentary_and_Online_Supplement.pdf | doi=10.1177/0956797614533802 | pmid=24866920 | s2cid=26814316 }}</ref> The effects of name discrimination based on a name's fluency is subtle, small and subject to significantly changing norms.<ref>{{cite news | title =The Power of Names | newspaper =The New York Times | date =May 29, 2013 }}</ref> | ||
===Race or ethnicity=== | ===Race or ethnicity=== | ||
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[[Image:Segregation 1938b.jpg|right|thumb|250px|An [[African-American]] child at a segregated drinking fountain on a courthouse lawn, [[North Carolina]], US 1938]] | [[Image:Segregation 1938b.jpg|right|thumb|250px|An [[African-American]] child at a segregated drinking fountain on a courthouse lawn, [[North Carolina]], US 1938]] | ||
Racial and ethnic discrimination differentiates individuals on the basis of real and perceived racial and ethnic differences and leads to various forms of the [[ethnic penalty]].<ref>{{Cite journal|last=Kislev|first=Elyakim|date=2016-09-19|title=Deciphering the 'Ethnic Penalty' of Immigrants in Western Europe: A Cross-Classified Multilevel Analysis|url=https://link.springer.com/article/10.1007/s11205-016-1451-x|journal=Social Indicators Research|volume=134|issue=2|pages=725–745|doi=10.1007/s11205-016-1451-x|s2cid=157454886|url-access=subscription}}</ref><ref name="carmichael & woods, 2000">{{cite journal | title=Ethnic Penalties in Unemployment and Occupational Attainment: Evidence for Britain |author1=Carmichael, F. |author2=Woods, R. | journal=International Review of Applied Economics | year=2000 | volume=14 | issue=1 | pages=71–98 | doi=10.1080/026921700101498|s2cid=154020583 }}</ref> It can also refer to the belief that groups of humans possess different behavioral traits corresponding to physical appearance and can be divided based on the [[Supremacism|superiority]] of one [[Race (human categorization)|race]] over another.<ref name="Dennis">{{cite journal|author=Dennis, Rutledge M.|title=Social Darwinism, scientific racism, and the metaphysics of race|journal=Journal of Negro Education|volume=64|issue=3|pages=243–52|year=1995|doi=10.2307/2967206|jstor=2967206}}</ref><ref name="oxforddictionaries.com">[https://web.archive.org/web/20120708012611/http://oxforddictionaries.com/definition/english/racism Racism] Oxford Dictionaries</ref><ref name="Ghani">{{cite book |last=Ghani |first=Navid |editor-last=Schaefer |editor-first=Richard T. |title=Encyclopedia of Race, Ethnicity, and Society |date=2008 |publisher=SAGE |isbn=978-1-4129-2694-2 |pages=1113–1115 |chapter-url=https://books.google.com/books?id=YMUola6pDnkC&q=racism |chapter=Racism}}</ref><ref name="newman, D.M.">{{cite book | last = Newman | first = D. M. | title = Sociology : exploring the architecture of everyday life | publisher = SAGE | location = Los Angeles | year = 2012 | edition = 9th | isbn = 978-1-4129-8729-5 | page = 405 | quote = racism: Belief that humans are subdivided into distinct groups that are different in their social behavior and innate capacities and that can be ranked as superior or inferior.}}</ref> It may also mean [[prejudice]], discrimination, or antagonism directed against other people because they are of a different race or [[ethnicity]].<ref name="oxforddictionaries.com"/><ref name="Ghani"/> | Racial and ethnic discrimination differentiates individuals on the basis of real and perceived racial and ethnic differences and leads to various forms of the [[ethnic penalty]].<ref>{{Cite journal|last=Kislev|first=Elyakim|date=2016-09-19|title=Deciphering the 'Ethnic Penalty' of Immigrants in Western Europe: A Cross-Classified Multilevel Analysis|url=https://link.springer.com/article/10.1007/s11205-016-1451-x|journal=Social Indicators Research|volume=134|issue=2|pages=725–745|doi=10.1007/s11205-016-1451-x|s2cid=157454886|url-access=subscription}}</ref><ref name="carmichael & woods, 2000">{{cite journal | title=Ethnic Penalties in Unemployment and Occupational Attainment: Evidence for Britain |author1=Carmichael, F. |author2=Woods, R. | journal=International Review of Applied Economics | year=2000 | volume=14 | issue=1 | pages=71–98 | doi=10.1080/026921700101498|s2cid=154020583 }}</ref> It can also refer to the belief that groups of humans possess different behavioral traits corresponding to physical appearance and can be divided based on the [[Supremacism|superiority]] of one [[Race (human categorization)|race]] over another.<ref name="Dennis">{{cite journal|author=Dennis, Rutledge M.|title=Social Darwinism, scientific racism, and the metaphysics of race|journal=Journal of Negro Education|volume=64|issue=3|pages=243–52|year=1995|doi=10.2307/2967206|jstor=2967206}}</ref><ref name="oxforddictionaries.com">[https://web.archive.org/web/20120708012611/http://oxforddictionaries.com/definition/english/racism Racism] Oxford Dictionaries</ref><ref name="Ghani">{{cite book |last=Ghani |first=Navid |editor-last=Schaefer |editor-first=Richard T. |title=Encyclopedia of Race, Ethnicity, and Society |date=2008 |publisher=SAGE |isbn=978-1-4129-2694-2 |pages=1113–1115 |chapter-url=https://books.google.com/books?id=YMUola6pDnkC&q=racism |chapter=Racism}}</ref><ref name="newman, D.M.">{{cite book | last = Newman | first = D. M. | title = Sociology: exploring the architecture of everyday life | publisher = SAGE | location = Los Angeles | year = 2012 | edition = 9th | isbn = 978-1-4129-8729-5 | page = 405 | quote = racism: Belief that humans are subdivided into distinct groups that are different in their social behavior and innate capacities and that can be ranked as superior or inferior.}}</ref> It may also mean [[prejudice]], discrimination, or antagonism directed against other people because they are of a different race or [[ethnicity]].<ref name="oxforddictionaries.com"/><ref name="Ghani"/> | ||
Modern variants of [[racism]] are often based in social perceptions of biological differences between peoples. These views can take the form of [[social actions]], practices or beliefs, or [[political systems]] in which different races are ranked as inherently superior or inferior to each other, based on presumed shared inheritable traits, abilities, or qualities.<ref name="oxforddictionaries.com"/><ref name="Ghani"/><ref name="newman">{{cite book | last = Newman | first = D.M. | title = Sociology: exploring the architecture of everyday life | publisher = Sage | location = Los Angeles | year = 2012 | edition = 9th | isbn = 978-1-4129-8729-5 | page = 405 | quote = racism: Belief that humans are subdivided into distinct groups that are different in their social behavior and innate capacities and that can be ranked as superior or inferior.}}</ref> It has been official government policy in several countries, such as [[South Africa]] during the [[apartheid]] era. Discriminatory policies towards ethnic minorities include the race-based discrimination against ethnic [[Malaysian Indian|Indians]] and Chinese in Malaysia<ref>"[ | Modern variants of [[racism]] are often based in social perceptions of biological differences between peoples. These views can take the form of [[social actions]], practices or beliefs, or [[political systems]] in which different races are ranked as inherently superior or inferior to each other, based on presumed shared inheritable traits, abilities, or qualities.<ref name="oxforddictionaries.com"/><ref name="Ghani"/><ref name="newman">{{cite book | last = Newman | first = D.M. | title = Sociology: exploring the architecture of everyday life | publisher = Sage | location = Los Angeles | year = 2012 | edition = 9th | isbn = 978-1-4129-8729-5 | page = 405 | quote = racism: Belief that humans are subdivided into distinct groups that are different in their social behavior and innate capacities and that can be ranked as superior or inferior.}}</ref> It has been official government policy in several countries, such as [[South Africa]] during the [[apartheid]] era. Discriminatory policies towards ethnic minorities include the race-based discrimination against ethnic [[Malaysian Indian|Indians]] and Chinese in Malaysia<ref>"[https://news.bbc.co.uk/1/hi/world/asia-pacific/7121534.stm Malaysia's lingering ethnic divide]". March 4, 2008. BBC News.</ref> The concept of multiracism has been used to explain the varieties of race discrimination.<ref>Bonnett, A. 2022, ''Multiracism'', Polity, ISBN 978-1509537327</ref> After the [[Vietnam War]], many [[Vietnamese boat people|Vietnamese refugees]] moved to Australia and the United States, where they faced discrimination.<ref>Levine, Bertram. (2005). "Not All Black and White". J. Cropp (Ed.), ''Resolving Racial Conflict'', 193–218. London: University of Missouri Press.</ref> | ||
Westerners might get paid more than other immigrants in [[Cooperation Council for the Arab States of the Gulf|GCC]] states.<ref>{{Cite web|url=https://www.thenational.ae/uae/western-workers-favoured-in-uae-survey-respondents-say-1.21895|title='Western workers favoured in UAE', survey respondents say|website=The National|date=April 18, 2015|language=en|access-date=2019-07-08}}</ref> | |||
===Region=== | ===Region=== | ||
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Religious discrimination is valuing or treating people or groups differently because of what they do or do not believe in or because of their feelings towards a given [[religion]]. For instance, the Jewish population of Germany, and indeed a large portion of Europe, was subjected to discrimination under [[Adolf Hitler]] and his Nazi party between 1933 and 1945. They were forced to live in ghettos, wear an identifying star of David on their clothes, and sent to concentration and death camps in rural Germany and Poland, where they were to be tortured and killed, all because of their Jewish religion. Many laws (most prominently the Nuremberg Laws of 1935) separated those of Jewish faith as supposedly inferior to the Christian population. | Religious discrimination is valuing or treating people or groups differently because of what they do or do not believe in or because of their feelings towards a given [[religion]]. For instance, the Jewish population of Germany, and indeed a large portion of Europe, was subjected to discrimination under [[Adolf Hitler]] and his Nazi party between 1933 and 1945. They were forced to live in ghettos, wear an identifying star of David on their clothes, and sent to concentration and death camps in rural Germany and Poland, where they were to be tortured and killed, all because of their Jewish religion. Many laws (most prominently the Nuremberg Laws of 1935) separated those of Jewish faith as supposedly inferior to the Christian population. | ||
Restrictions on the types of occupations that [[Jews|Jewish]] people could hold were imposed by Christian authorities. Local rulers and church officials closed many professions to religious Jews, pushing them into marginal roles that were considered socially inferior, such as tax and rent collecting and [[moneylending]], occupations that were only tolerated as a "[[necessary evil]]".<ref>"[https://web.archive.org/web/20050721005923/http://news.nationalgeographic.com/news/2005/07/0718_050718_ashkenazim.html Did Discrimination Enhance Intelligence of Jews?]". National Geographic News. July 18, 2005 </ref> The number of Jews who were permitted to reside in different places was limited; they were concentrated in [[ghetto]]s and banned from owning land. In Saudi Arabia, non-[[Muslim]]s are not allowed to publicly practice their religions and they cannot enter [[Mecca]] and [[Medina]].<ref name="mackeymecca">[[Sandra Mackey]]'s account of her attempt to enter Mecca in {{cite book|title=The Saudis: Inside the Desert Kingdom|last=Mackey|first=Sandra|publisher=W. W. Norton & Company|year=1987|isbn=978-0-393-32417-4|pages=63–64}}</ref><ref name=":0" /> Furthermore, private non-Muslim religious gatherings might be raided by the [[religious police]].<ref name=":0">{{Cite web|url=https://2001-2009.state.gov/g/drl/rls/irf/2008/108492.htm|title=Saudi Arabia|last=Department Of State. The Office of Electronic Information|first=Bureau of Public Affairs|date=2008-09-19|website=2001-2009.state.gov|language=en|access-date=2019-07-24}}</ref> In Maldives, non-Muslims living and visiting the country are prohibited from openly expressing their religious beliefs, holding public congregations to conduct religious activities, or involving Maldivians in such activities. Those expressing religious beliefs other than Islam may face imprisonment of up to five years or house arrest, fines ranging from 5,000 to 20,000 rufiyaa ($320 to $1,300), and deportation.<ref>{{cite web |title=Maldives |url=https://www.state.gov/reports/2020-report-on-international-religious-freedom/maldives/ |website=United States Department of State |access-date=30 March 2022}}</ref> | Restrictions on the types of occupations that [[Jews|Jewish]] people could hold were imposed by Christian authorities. Local rulers and church officials closed many professions to religious Jews, pushing them into marginal roles that were considered socially inferior, such as tax and rent collecting and [[moneylending]], occupations that were only tolerated as a "[[necessary evil]]".<ref>"[https://web.archive.org/web/20050721005923/http://news.nationalgeographic.com/news/2005/07/0718_050718_ashkenazim.html Did Discrimination Enhance Intelligence of Jews?]". National Geographic News. July 18, 2005 </ref> The number of Jews who were permitted to reside in different places was limited; they were concentrated in [[ghetto]]s and banned from owning land. | ||
In Saudi Arabia, non-[[Muslim]]s are not allowed to publicly practice their religions and they cannot enter [[Mecca]] and [[Medina]].<ref name="mackeymecca">[[Sandra Mackey]]'s account of her attempt to enter Mecca in {{cite book|title=The Saudis: Inside the Desert Kingdom|last=Mackey|first=Sandra|publisher=W. W. Norton & Company|year=1987|isbn=978-0-393-32417-4|pages=63–64}}</ref><ref name=":0" /> Furthermore, private non-Muslim religious gatherings might be raided by the [[Islamic religious police|religious police]].<ref name=":0">{{Cite web|url=https://2001-2009.state.gov/g/drl/rls/irf/2008/108492.htm|title=Saudi Arabia|last=Department Of State. The Office of Electronic Information|first=Bureau of Public Affairs|date=2008-09-19|website=2001-2009.state.gov|language=en|access-date=2019-07-24}}</ref> In Maldives, non-Muslims living and visiting the country are prohibited from openly expressing their religious beliefs, holding public congregations to conduct religious activities, or involving Maldivians in such activities. Those expressing religious beliefs other than Islam may face imprisonment of up to five years or house arrest, fines ranging from 5,000 to 20,000 rufiyaa ($320 to $1,300), and deportation.<ref>{{cite web |title=Maldives |url=https://www.state.gov/reports/2020-report-on-international-religious-freedom/maldives/ |website=United States Department of State |access-date=30 March 2022}}</ref> | |||
In Myanmar, 600,000 [[Rohingya people|Rohingya]] muslims have been forced to become refugees in Bangladesh due to institutionalised religious discrimination, in law, policy and practice.<ref>{{Cite web |title=Myanmar's apartheid against the Rohingya |url=https://www.amnesty.org.uk/myanmar-apartheid-against-rohingya |access-date=2025-08-06 |website=www.amnesty.org.uk |language=en}}</ref> An example is the government refusing to grant them citizenship, making them stateless without legal documentation. In 2015 [[Buddhism|Buddhist]] nationalists protested their right to vote in a constitutional referendum.<ref>{{Cite web |last1=Albert |first1=Eleanor |last2=Maizland |first2=Lindsay |date=23 January 2020 |title=What Forces Are Fueling Myanmar's Rohingya Crisis? |url=https://www.cfr.org/backgrounder/rohingya-crisis |access-date=2025-08-06 |website=www.cfr.org |language=en}}</ref> | |||
In a 1979 consultation on the issue, the United States commission on civil rights defined religious discrimination in relation to the [[Civil and political rights|civil rights]] which are guaranteed by the [[Fourteenth Amendment to the United States Constitution|Fourteenth Amendment]]. Whereas religious civil liberties, such as the right to hold or not to hold a religious belief, are essential for [[Freedom of Religion]] (in the United States as secured by the [[First Amendment to the United States Constitution|First Amendment]]), religious discrimination occurs when someone is denied "equal protection under the law, equality of status under the law, equal treatment in the administration of justice, and equality of opportunity and access to employment, education, housing, public services and facilities, and public accommodation because of their exercise of their right to religious freedom".<ref>U.S. Commission on Civil Rights, 1979: ''Religious discrimination. A neglected issue. A consultation sponsored by the United States Commission on Civil Rights, Washington. D.C., April 9–10, 1979''</ref> | In a 1979 consultation on the issue, the United States commission on civil rights defined religious discrimination in relation to the [[Civil and political rights|civil rights]] which are guaranteed by the [[Fourteenth Amendment to the United States Constitution|Fourteenth Amendment]]. Whereas religious civil liberties, such as the right to hold or not to hold a religious belief, are essential for [[Freedom of Religion]] (in the United States as secured by the [[First Amendment to the United States Constitution|First Amendment]]), religious discrimination occurs when someone is denied "equal protection under the law, equality of status under the law, equal treatment in the administration of justice, and equality of opportunity and access to employment, education, housing, public services and facilities, and public accommodation because of their exercise of their right to religious freedom".<ref>U.S. Commission on Civil Rights, 1979: ''Religious discrimination. A neglected issue. A consultation sponsored by the United States Commission on Civil Rights, Washington. D.C., April 9–10, 1979''</ref> | ||
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{{See also|Homophobia|Misogyny|Misandry|Discrimination against intersex people|Transphobia||Discrimination against non-binary gender persons|Violence against LGBT people}} | {{See also|Homophobia|Misogyny|Misandry|Discrimination against intersex people|Transphobia||Discrimination against non-binary gender persons|Violence against LGBT people}} | ||
[[Sexism]] is a form of discrimination based on a person's sex or gender. It has been linked to [[stereotype]]s and [[gender role]]s,<ref>{{cite book |last=Matsumoto |first=David |title=The Handbook of Culture and Psychology |url=https://archive.org/details/handbookculturep00mats |url-access=limited |publisher=Oxford University Press |year=2001 |isbn=978-0-19-513181-9 |page=[https://archive.org/details/handbookculturep00mats/page/n213 197] }}</ref><ref>{{cite journal |last=Nakdimen |first=K. A. |title=The Physiognomic Basis of Sexual Stereotyping |journal=[[American Journal of Psychiatry]] |year=1984 |volume=141 |issue=4 |pages=499–503 |doi=10.1176/ajp.141.4.499 |pmid=6703126 }}</ref> and may include the belief that one sex or gender is intrinsically superior to another.<ref name=":0a">{{Cite book|title=SOC 2018|last=Witt|first=Jon|date=2017|publisher=McGraw-Hill Education|isbn= | [[Sexism]] is a form of discrimination based on a person's sex or gender. It has been linked to [[stereotype]]s and [[gender role]]s,<ref>{{cite book |last=Matsumoto |first=David |title=The Handbook of Culture and Psychology |url=https://archive.org/details/handbookculturep00mats |url-access=limited |publisher=Oxford University Press |year=2001 |isbn=978-0-19-513181-9 |page=[https://archive.org/details/handbookculturep00mats/page/n213 197] }}</ref><ref>{{cite journal |last=Nakdimen |first=K. A. |title=The Physiognomic Basis of Sexual Stereotyping |journal=[[American Journal of Psychiatry]] |year=1984 |volume=141 |issue=4 |pages=499–503 |doi=10.1176/ajp.141.4.499 |pmid=6703126 }}</ref> and may include the belief that one sex or gender is intrinsically superior to another.<ref name=":0a">{{Cite book|title=SOC 2018|last=Witt|first=Jon|date=2017|publisher=McGraw-Hill Education|isbn=978-1-259-70272-3|edition=5th|location=New York|oclc=968304061}}{{page needed|date=May 2018}}</ref> Extreme sexism may foster [[sexual harassment]], [[rape]], and other forms of [[sexual violence]].<ref>Forcible Rape Institutionalized Sexism in the Criminal Justice System| Gerald D. Robin Division of Criminal Justice, University of New Haven</ref> Gender discrimination may encompass sexism and is discrimination toward people based on their [[gender identity]]<ref name="Macklem">{{cite book |last=Macklem |first=Tony |year=2003 |title=Beyond Comparison: Sex and Discrimination |location=New York |publisher=Cambridge University Press |isbn=978-0-521-82682-2 }}</ref> or their gender or sex differences.<ref name="Lenhart">{{cite book|title=Clinical Aspects of Sexual Harassment and Gender Discrimination: Psychological Consequences and Treatment Interventions|author=Sharyn Ann Lenhart|publisher=[[Routledge]]|year=2004|isbn=978-1-135-94131-4|page=6|access-date=April 20, 2018|url=https://books.google.com/books?id=Rt2SAgAAQBAJ&pg=PA6|quote=GENDER OR SEX DISCRIMINATION: This term refers to the types of gender bias that have a negative impact. The term has legal, as well as theoretical and psychological, definitions. Psychological consequences can be more readily inferred from the latter, but both definitions are of significance. Theoretically, gender discrimination has been described as (1) the unequal rewards that men and women receive in the workplace or academic environment because of their gender or sex difference (DiThomaso, 1989); (2) a process occurring in work or educational settings in which an individual is overtly or covertly limited access to an opportunity or a resource because of a sex or is given the opportunity or the resource reluctantly and may face harassment for picking it (Roeske & Pleck, 1983); or (3) both.}}</ref> Gender discrimination is especially defined in terms of [[workplace inequality]].<ref name="Lenhart"/> It may arise from social or cultural customs and norms.<ref>{{Cite web|url=https://edition.cnn.com/2019/09/12/football/iran-blue-girl-sahar-khodayari-spt-intl/index.html|title=FIFA must act after death of Iran's 'Blue Girl,' says activist|author=Christina Macfarlane, Sean Coppack and James Masters|website=CNN|date=September 12, 2019 }}</ref> | ||
[[Intersex]] persons experience [[Discrimination against intersex people|discrimination]] due to innate, atypical [[sex characteristics]]. Multiple jurisdictions now protect individuals on grounds of ''intersex status'' or ''[[sex characteristics]]''. South Africa was the first country to explicitly add intersex to legislation, as part of the attribute of 'sex'.<ref>[http://www.justice.gov.za/legislation/acts/2005-022.pdf Judicial Matters Amendment Act, No. 22 of 2005] {{Webarchive|url=https://web.archive.org/web/20171018193130/http://www.justice.gov.za/legislation/acts/2005-022.pdf |date=October 18, 2017 }}, Republic of South Africa, Vol. 487, Cape Town, January 11, 2006.</ref> Australia was the first country to add an independent attribute, of 'intersex status'.<ref name="expmem">{{cite web|url=http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Fems%2Fr5026_ems_1fcd9245-33ff-4b3a-81b9-7fdc7eb91b9b%22 |title=Australian Parliament, Explanatory Memorandum to the Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Bill 2013 |access-date=October 6, 2014 | [[Intersex]] persons experience [[Discrimination against intersex people|discrimination]] due to innate, atypical [[sex characteristics]]. Multiple jurisdictions now protect individuals on grounds of ''intersex status'' or ''[[sex characteristics]]''. South Africa was the first country to explicitly add intersex to legislation, as part of the attribute of 'sex'.<ref>[http://www.justice.gov.za/legislation/acts/2005-022.pdf Judicial Matters Amendment Act, No. 22 of 2005] {{Webarchive|url=https://web.archive.org/web/20171018193130/http://www.justice.gov.za/legislation/acts/2005-022.pdf |date=October 18, 2017 }}, Republic of South Africa, Vol. 487, Cape Town, January 11, 2006.</ref> Australia was the first country to add an independent attribute, of 'intersex status'.<ref name="expmem">{{cite web|url=http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22legislation%2Fems%2Fr5026_ems_1fcd9245-33ff-4b3a-81b9-7fdc7eb91b9b%22 |title=Australian Parliament, Explanatory Memorandum to the Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Bill 2013 |access-date=October 6, 2014 |archive-url=https://web.archive.org/web/20141219231017/http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p%3Bquery%3DId%3A%22legislation/ems/r5026_ems_1fcd9245-33ff-4b3a-81b9-7fdc7eb91b9b%22 |archive-date=December 19, 2014}}</ref><ref>[http://oii.org.au/21774/welcome-senate-inquiry-anti-discrimination/ We welcome the Senate Inquiry report on the Exposure Draft of the Human Rights and Anti-Discrimination Bill 2012] {{Webarchive|url=https://web.archive.org/web/20140101205811/http://oii.org.au/21774/welcome-senate-inquiry-anti-discrimination/ |date=2014-01-01}}, [[Organisation Intersex International Australia]], February 21, 2013.</ref> Malta was the first to adopt a broader framework of 'sex characteristics', through legislation that also ended modifications to the sex characteristics of minors undertaken for social and cultural reasons.<ref name="gate-malta">{{cite web |url=http://transactivists.org/2015/04/08/making-depathologization-a-matter-of-law-a-comment-from-gate-on-the-maltese-act-on-gender-identity-gender-expression-and-sex-characteristics/ |title=Making depathologization a matter of law. A comment from GATE on the Maltese Act on Gender Identity, Gender Expression and Sex Characteristics |last1=Cabral |first1=Mauro |author-link=Mauro Cabral |date=April 8, 2015 |publisher=[[Global Action for Trans Equality]] |access-date=2015-07-03 |archive-url=https://web.archive.org/web/20150704213308/http://transactivists.org/2015/04/08/making-depathologization-a-matter-of-law-a-comment-from-gate-on-the-maltese-act-on-gender-identity-gender-expression-and-sex-characteristics/ |archive-date=July 4, 2015}}</ref><ref name="oiieu-malta">{{Cite web |last= |date=April 1, 2015 |title=OII-Europe applauds Malta's Gender Identity, Gender Expression and Sex Characteristics Act. This is a landmark case for intersex rights within European law reform |url=http://oiieurope.org/press-release-oii-europe-applauds-maltas-gender-identity-gender-expression-and-sex-characteristics-act/ |access-date=2023-01-17 |website=Oii Europe}}</ref> Global efforts such as the United Nations [[Sustainable Development Goal 5]] is also aimed at ending all forms of discrimination on the basis of gender and sex.<ref>{{Cite web|last=sdgcounting|date=2017-06-06|title=SDG 5 Indicators|url=https://medium.com/sdgs-resources/sdg-5-indicators-5fe7d2b13b58|access-date=2020-09-23|website=Medium|language=en}}</ref> | ||
===Sexual orientation=== | ===Sexual orientation=== | ||
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[[Employment discrimination]] based on sexual orientation varies by country. Revealing a lesbian sexual orientation (by means of mentioning an engagement in a rainbow organisation or by mentioning one's partner name) lowers employment opportunities in [[Cyprus]] and Greece but overall, it has no negative effect in Sweden and Belgium.<ref>{{Cite journal | doi=10.1080/13545701.2010.541858|title = Women's Sexual Orientation and Labor Market Outcomes in Greece| journal=Feminist Economics| volume=17| pages=89–117|year = 2011|last1 = Drydakis|first1 = Nick|s2cid = 154771144}}</ref><ref>{{Cite journal | doi=10.1108/IJM-02-2012-0026|title = Sexual orientation discrimination in the Cypriot labour market. Distastes or uncertainty?| journal=International Journal of Manpower| volume=35| issue=5| pages=720–744|year = 2014|last1 = Drydakis|first1 = Nick| hdl=10419/62444|s2cid = 10103299|url = https://econpapers.repec.org/RePEc:iza:izadps:dp6684| hdl-access=free}}</ref><ref>Ahmed, A. M., Andersson, L., Hammarstedt, M. (2011) [http://www.ifau.se/upload/pdf/se/2011/wp11-21-are-homosexuals-discriminated-against-in-the-hiring-process.pdf Are gays and lesbians discriminated against in the hiring situation?] {{Webarchive|url=https://web.archive.org/web/20150529055358/http://www.ifau.se/upload/pdf/se/2011/wp11-21-are-homosexuals-discriminated-against-in-the-hiring-process.pdf |date=2015-05-29 }} Institute for Labour Market Policy Evaluation Working Paper Series 21.</ref><ref>{{Cite journal | doi=10.1111/irj.12078|title = Career lesbians. Getting hired for not having kids?| journal=Industrial Relations Journal| volume=45| issue=6| pages=543–561|year = 2014|last1 = Baert|first1 = Stijn| citeseerx=10.1.1.467.2102|s2cid = 34331459}}</ref> In the latter country, even a positive effect of revealing a lesbian sexual orientation is found for women at their fertile ages. | [[Employment discrimination]] based on sexual orientation varies by country. Revealing a lesbian sexual orientation (by means of mentioning an engagement in a rainbow organisation or by mentioning one's partner name) lowers employment opportunities in [[Cyprus]] and Greece but overall, it has no negative effect in Sweden and Belgium.<ref>{{Cite journal | doi=10.1080/13545701.2010.541858|title = Women's Sexual Orientation and Labor Market Outcomes in Greece| journal=Feminist Economics| volume=17| pages=89–117|year = 2011|last1 = Drydakis|first1 = Nick|s2cid = 154771144}}</ref><ref>{{Cite journal | doi=10.1108/IJM-02-2012-0026|title = Sexual orientation discrimination in the Cypriot labour market. Distastes or uncertainty?| journal=International Journal of Manpower| volume=35| issue=5| pages=720–744|year = 2014|last1 = Drydakis|first1 = Nick| hdl=10419/62444|s2cid = 10103299|url = https://econpapers.repec.org/RePEc:iza:izadps:dp6684| hdl-access=free}}</ref><ref>Ahmed, A. M., Andersson, L., Hammarstedt, M. (2011) [http://www.ifau.se/upload/pdf/se/2011/wp11-21-are-homosexuals-discriminated-against-in-the-hiring-process.pdf Are gays and lesbians discriminated against in the hiring situation?] {{Webarchive|url=https://web.archive.org/web/20150529055358/http://www.ifau.se/upload/pdf/se/2011/wp11-21-are-homosexuals-discriminated-against-in-the-hiring-process.pdf |date=2015-05-29 }} Institute for Labour Market Policy Evaluation Working Paper Series 21.</ref><ref>{{Cite journal | doi=10.1111/irj.12078|title = Career lesbians. Getting hired for not having kids?| journal=Industrial Relations Journal| volume=45| issue=6| pages=543–561|year = 2014|last1 = Baert|first1 = Stijn| citeseerx=10.1.1.467.2102|s2cid = 34331459}}</ref> In the latter country, even a positive effect of revealing a lesbian sexual orientation is found for women at their fertile ages. | ||
Besides these academic studies, in 2009, [[International Lesbian, Gay, Bisexual, Trans and Intersex Association|ILGA]] published a report based on research carried out by Daniel Ottosson at Södertörn University College in [[Stockholm, Sweden]]. This research found that of the 80 countries around the world that continue to consider [[homosexuality]] illegal, five carry the [[Capital punishment|death penalty]] for homosexual activity, and two do in some regions of the country.<ref>"[https://abcnews.go.com/Politics/story?id=7883204&page=1 New Benefits for Same-Sex Couples May Be Hard to Implement Abroad]". ABC News. June 22, 2009.</ref> In the report, this is described as "State sponsored homophobia".<ref>{{Cite web|url=http://www.ilga.org/statehomophobia/ILGA_State_Sponsored_Homophobia_2009.pdf|archive-url=https://web.archive.org/web/20100502074613/http://www.ilga.org/statehomophobia/ILGA_State_Sponsored_Homophobia_2009.pdf | Besides these academic studies, in 2009, [[International Lesbian, Gay, Bisexual, Trans and Intersex Association|ILGA]] published a report based on research carried out by Daniel Ottosson at Södertörn University College in [[Stockholm, Sweden]]. This research found that of the 80 countries around the world that continue to consider [[homosexuality]] illegal, five carry the [[Capital punishment|death penalty]] for homosexual activity, and two do in some regions of the country.<ref>"[https://abcnews.go.com/Politics/story?id=7883204&page=1 New Benefits for Same-Sex Couples May Be Hard to Implement Abroad]". ABC News. June 22, 2009.</ref> In the report, this is described as "State sponsored homophobia".<ref>{{Cite web|url=http://www.ilga.org/statehomophobia/ILGA_State_Sponsored_Homophobia_2009.pdf|archive-url=https://web.archive.org/web/20100502074613/http://www.ilga.org/statehomophobia/ILGA_State_Sponsored_Homophobia_2009.pdf|title=ILGA: 2009 Report on State Sponsored Homophobia (2009)|archive-date=May 2, 2010}}</ref> This happens in [[Muslim|Islamic]] states, or in two cases regions under Islamic authority.<ref>{{Cite web|url=http://www.ilga.org/news_results.asp?LanguageID=1&FileID=1111&ZoneID=7&FileCategory=50|archive-url=https://web.archive.org/web/20091029185853/http://www.ilga.org/news_results.asp?LanguageID=1&FileID=1111&ZoneID=7&FileCategory=50|title=ILGA:7 countries still put people to death for same-sex acts|archive-date=October 29, 2009}}</ref><ref>{{cite web|url=http://www.religionfacts.com/homosexuality/islam.htm|title=Islamic views of homosexuality|access-date=April 26, 2016|archive-url=https://web.archive.org/web/20150415225546/http://www.religionfacts.com/homosexuality/islam.htm|archive-date=April 15, 2015}}</ref> On February 5, 2005, the [[The New Humanitarian|IRIN]] issued a reported titled "Iraq: Male homosexuality still a taboo". The article stated, among other things that [[honor killings]] by Iraqis against a gay family member are common and given some legal protection.<ref>{{cite web|url=http://www.irinnews.org/report.asp?ReportID=51540&SelectRegion=Middle_East|title=AU welcomes progress in peace process|work=IRIN|access-date=April 26, 2016|date=2004-09-29}}</ref> In August 2009, Human Rights Watch published an extensive report detailing torture of men accused of being [[LGBT rights in Iraq|gay in Iraq]], including the blocking of men's anuses with glue and then giving the men laxatives.<ref>"[https://www.hrw.org/en/node/85049/section/3 They Want Us Exterminated]". Human Rights Watch. August 16, 2009.</ref> Although gay marriage has been legal in [[South Africa]] since 2006, same-sex unions are often condemned as "un-African".<ref>Harrison, Rebecca. "[https://www.reuters.com/article/worldNews/idUSTRE52C3MN20090313 South African gangs use rape to "cure" lesbians]". Reuters. March 13, 2009.</ref> Research conducted in 2009 shows 86% of black lesbians from the [[Western Cape]] live in fear of sexual assault.<ref>{{Cite news | url=https://www.theguardian.com/world/2009/mar/12/eudy-simelane-corrective-rape-south-africa | title=Raped and killed for being a lesbian: South Africa ignores 'corrective' attacks| newspaper=The Guardian| date=2009-03-12| last1=Kelly| first1=Annie}}</ref> | ||
{{further|LGBT rights by country or territory}} | {{further|LGBT rights by country or territory}} | ||
[[File:NYC Pride 2019 05.jpg|thumb|The [[NYC Pride March]] is the [[List of largest LGBT events|world's largest LGBT event]]. Regional variation exists with respect to [[toleration|tolerance]], the [[antithesis]] of discrimination, in different parts of the world.]] | [[File:NYC Pride 2019 05.jpg|thumb|The [[NYC Pride March]] is the [[List of largest LGBT events|world's largest LGBT event]]. Regional variation exists with respect to [[toleration|tolerance]], the [[antithesis]] of discrimination, in different parts of the world.]] | ||
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Conceptualizing [[affirmative action]] as reverse discrimination became popular in the early- to mid-1970s, a time period that focused on under-representation and action policies intended to remedy the effects of past discrimination in both government and the business world.<ref name="Embrick">{{cite book |last1=Embrick |first1=David G. |editor1-last=Schaefer |editor1-first=Richard T. |title=Encyclopedia of Race, Ethnicity, and Society, Volume 1 |date=2008 |publisher=SAGE |isbn=978-1-41-292694-2 |pages=12–19 |chapter-url=https://books.google.com/books?id=YMUola6pDnkC&q=%22reverse+discrimination%22&pg=PT64 |chapter=Affirmative Action in Education}}</ref> | Conceptualizing [[affirmative action]] as reverse discrimination became popular in the early- to mid-1970s, a time period that focused on under-representation and action policies intended to remedy the effects of past discrimination in both government and the business world.<ref name="Embrick">{{cite book |last1=Embrick |first1=David G. |editor1-last=Schaefer |editor1-first=Richard T. |title=Encyclopedia of Race, Ethnicity, and Society, Volume 1 |date=2008 |publisher=SAGE |isbn=978-1-41-292694-2 |pages=12–19 |chapter-url=https://books.google.com/books?id=YMUola6pDnkC&q=%22reverse+discrimination%22&pg=PT64 |chapter=Affirmative Action in Education}}</ref> | ||
==Anti-discrimination | ==Anti-discrimination laws== | ||
{{Main|List of anti-discrimination acts}} | {{Main|Anti-discrimination law|List of anti-discrimination acts}} | ||
=== Australia === | === Australia === | ||
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* [[Ontario Human Rights Code]] 1962 | * [[Ontario Human Rights Code]] 1962 | ||
* [[Canadian Human Rights Act]] 1977<ref>{{Cite web |url=https://www.chrc-ccdp.gc.ca/eng/content/what-discrimination-1 |title=What is Discrimination? |publisher=Canadian Human Rights Commission |archive-url=https://web.archive.org/web/20180415190505/https://www.chrc-ccdp.gc.ca/eng/content/what-discrimination-1 |archive-date=2018-04-15 | * [[Canadian Human Rights Act]] 1977<ref>{{Cite web |url=https://www.chrc-ccdp.gc.ca/eng/content/what-discrimination-1 |title=What is Discrimination? |publisher=Canadian Human Rights Commission |archive-url=https://web.archive.org/web/20180415190505/https://www.chrc-ccdp.gc.ca/eng/content/what-discrimination-1 |archive-date=2018-04-15 |access-date=2018-04-15}}</ref> | ||
=== Hong Kong === | === Hong Kong === | ||
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=== India === | === India === | ||
[[Article 15 of the Constitution of India]] prohibits discrimination against any citizen on grounds of caste, religion, sex, race or place of birth etc.<ref>{{cite web |title=What is Article 15 of the Indian Constitution? Important Features and Provisions |url=https://www.jagranjosh.com/general-knowledge/article-15-1561544384-1 |website=Jagranjosh.com |date=May 12, 2020}}</ref> Similarly, the [[Constitution of India]] guarantees several rights to all citizens irrespective of gender, such as [[right to equality]] under Article 14, right to life and personal liberty under Article 21.<ref>{{cite web |title= Women rights in India |url= http://www.womenlawsindia.com/legal-awareness/women-rights-in-india/ |access-date= January 13, 2024 |archive-date= December 6, 2023 |archive-url= https://web.archive.org/web/20231206140643/http://www.womenlawsindia.com/legal-awareness/women-rights-in-india/ | [[Article 15 of the Constitution of India]] prohibits discrimination against any citizen on grounds of caste, religion, sex, race or place of birth etc.<ref>{{cite web |title=What is Article 15 of the Indian Constitution? Important Features and Provisions |url=https://www.jagranjosh.com/general-knowledge/article-15-1561544384-1 |website=Jagranjosh.com |date=May 12, 2020}}</ref> Similarly, the [[Constitution of India]] guarantees several rights to all citizens irrespective of gender, such as [[right to equality]] under Article 14, right to life and personal liberty under Article 21.<ref>{{cite web |title= Women rights in India |url= http://www.womenlawsindia.com/legal-awareness/women-rights-in-india/ |access-date= January 13, 2024 |archive-date= December 6, 2023 |archive-url= https://web.archive.org/web/20231206140643/http://www.womenlawsindia.com/legal-awareness/women-rights-in-india/ }}</ref> | ||
[[Indian Penal Code]], 1860 (Section 153 A) – Criminalises the use of language that promotes discrimination or violence against people on the basis of race, caste, sex, place of birth, religion, gender identity, sexual orientation or any other category.<ref>{{Cite web |date=2023-02-25 |title=Pawan Khera arrest {{!}} Section 153A: its use and misuse |url=https://indianexpress.com/article/explained/explained-law/section-153a-its-use-and-misuse-pawan-khera-arrest-supreme-court-8465400/ |access-date=2024-01-13 |website=The Indian Express |language=en}}</ref> | [[Indian Penal Code]], 1860 (Section 153 A) – Criminalises the use of language that promotes discrimination or violence against people on the basis of race, caste, sex, place of birth, religion, gender identity, sexual orientation or any other category.<ref>{{Cite web |date=2023-02-25 |title=Pawan Khera arrest {{!}} Section 153A: its use and misuse |url=https://indianexpress.com/article/explained/explained-law/section-153a-its-use-and-misuse-pawan-khera-arrest-supreme-court-8465400/ |access-date=2024-01-13 |website=The Indian Express |language=en}}</ref> | ||
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* Part 2 increases the maximum imprisonment to one year and the maximum fine category to 4,<ref name="c4" /> when the crime is committed as a habit or committed by two or more persons. | * Part 2 increases the maximum imprisonment to one year and the maximum fine category to 4,<ref name="c4" /> when the crime is committed as a habit or committed by two or more persons. | ||
* Article 137f prohibits supporting discriminatory activities by giving money or goods. Maximum imprisonment is 3 months or a fine of the second category.<ref name="c2">€ 3,900</ref><ref>{{cite web|url=http://wetten.overheid.nl/BWBR0001854/TweedeBoek/TitelV/Artikel137f/geldigheidsdatum_27-12-2012|title=wetten.nl – Regeling – Wetboek van Strafrecht – BWBR0001854|access-date=April 26, 2016}}</ref> | * Article 137f prohibits supporting discriminatory activities by giving money or goods. Maximum imprisonment is 3 months or a fine of the second category.<ref name="c2">€ 3,900</ref><ref>{{cite web|url=http://wetten.overheid.nl/BWBR0001854/TweedeBoek/TitelV/Artikel137f/geldigheidsdatum_27-12-2012|title=wetten.nl – Regeling – Wetboek van Strafrecht – BWBR0001854|access-date=April 26, 2016}}</ref> | ||
=== Philippines === | |||
* [[Constitution of the Philippines|1987 Philippine Constitution]] – Guarantees equal protection under the law and prohibits discrimination based on sex, religion, race, and other status.<ref>{{Cite web |title=ARTICLE III - BILL OF RIGHTS - Supreme Court E-Library |url=https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/45/25549 |archive-url=https://web.archive.org/web/20211203014735/https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/45/25549 |archive-date=December 3, 2021 |access-date=2025-11-10 |website=elibrary.judiciary.gov.ph |language=en-US |url-status=live }}</ref> | |||
* [[Labor Code of the Philippines]] (Presidential Decree No. 442, 1974) – Prohibits unfair treatment in employment based on sex, race, creed, and promotes merit-based employment decisions.<ref>{{Cite web |title=[ PRESIDENTIAL DECREE NO. 442, May 01, 1974 ] |url=https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/26/25306 |access-date=2025-11-10 |website=Supreme Court E-Library}}</ref> | |||
* Magna Carta for Persons with Disability (RA 7277, 1992) – Prohibits discrimination against persons with disabilities in employment, education, and access to public services.<ref>{{Cite web |date=March 24, 1992 |title=Republic Act No. 7277 |url=https://www.officialgazette.gov.ph/1992/03/24/republic-act-no-7277/ |access-date=November 10, 2025 |website=officialgazette.gov.ph}}</ref> | |||
* Anti-Sexual Harassment Act (RA 7877, 1995) – Prohibits sexual harassment in workplaces, schools, and training environments as a form of discrimination.<ref>{{Cite web |title=REPUBLIC ACT NO. 7877 - AN ACT DECLARING SEXUAL HARASSMENT UNLAWFUL IN THE EMPLOYMENT, EDUCATION OR TRAINING ENVIRONMENT, AND FOR OTHER PURPOSES - Supreme Court E-Library |url=https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/2826 |archive-url=https://web.archive.org/web/20250325012602/https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/2826 |archive-date=March 25, 2025 |access-date=2025-11-10 |website=elibrary.judiciary.gov.ph |language=en-US |url-status=live }}</ref> | |||
* Anti-Age Discrimination in Employment Act (RA 10911, 2016) – Prohibits discrimination in employment based on age, including hiring, promotion, and compensation.<ref>{{Cite web |title=Republic Act No. 10911 |url=https://lawphil.net/statutes/repacts/ra2016/ra_10911_2016.html |access-date=2025-11-10 |website=lawphil.net}}</ref> | |||
* [[Violence against women in the Philippines#Republic Act No. 9710|Magna Carta of Women]] (RA 9710, 2009) – Provides comprehensive protection against gender-based discrimination and promotes women's rights.<ref>{{Cite web |title=R.A. 9710 |url=https://lawphil.net/statutes/repacts/ra2009/ra_9710_2009.html |access-date=2025-11-10 |website=lawphil.net}}</ref> | |||
* [[Safe Spaces Act]] (RA 11313, 2019) – Prohibits gender-based harassment, sexist remarks, and homophobic remarks, including discrimination in public spaces and online.<ref>{{Cite web |title=Republic Act No. 11313 |url=https://lawphil.net/statutes/repacts/ra2019/ra_11313_2019.html |access-date=2025-11-10 |website=lawphil.net}}</ref><ref>{{Cite web |date=2021-09-17 |title=FAQs Republic Act No. 11313: Safe Spaces Act (Bawal Bastos Law) {{!}} Philippine Commission on Women |url=https://pcw.gov.ph/faq-republic-act-no-11313/ |access-date=2025-11-10 |language=en-US}}</ref><ref>{{Cite web |title=THE IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 11313 OR “AN ACT DEFINING GENDER-BASED SEXUAL HARASSMENT IN STREETS, PUBLIC SPACES, ONLINE, WORKPLACES, AND EDUCATIONAL OR TRAINING INSTITUTIONS, PROVIDING PROTECTIVE MEASURES AND PRESCRIBING PENALTIES THEREFOR”, OTHERWISE KNOWN AS THE “SAFE SPACES ACT” |url=https://www.philguarantee.gov.ph/wp-content/uploads/2022/04/IRR-of-the-RA-11313-Safe-Spaces-Act-1.pdf |access-date=2025-11-10 |website=philguarantee.gov.ph}}</ref> | |||
* Solo Parents' Welfare Act (RA 8972, 2000) – Protects solo parents from discrimination in employment and social services.<ref>{{Cite web |date=2000-11-07 |title=Republic Act 8972: Solo Parents’ Welfare Act of 2000 {{!}} Philippine Commission on Women |url=https://pcw.gov.ph/republic-act-8972-solo-parents-welfare-act-of-2000/ |access-date=2025-11-10 |language=en-US}}</ref> | |||
* [[List of major acts and legislation during the presidency of Rodrigo Duterte#2018|Mental Health Act]] (RA 11036, 2018) – Prohibits discrimination against persons with mental health conditions in employment, education, and access to services.<ref>{{Cite web |title=Republic Act No. 11036 |url=https://lawphil.net/statutes/repacts/ra2018/ra_11036_2018.html |access-date=2025-11-10 |website=lawphil.net}}</ref> | |||
* Proposed [[SOGIE Equality Bill]] (as of 2025) – Seeks to prohibit discrimination based on sexual orientation, gender identity, and expression in employment, education, healthcare, and public services.<ref>{{Cite web |date=March 19, 2024 |title=COMMITTEE REPORT NO. 1035 |url=https://docs.congress.hrep.online/legisdocs/first_19/CR01035.pdf |access-date=2025-11-10}}</ref><ref>{{Cite web |last=Abad |first=Michelle |date=2019-08-28 |title=TIMELINE: SOGIE equality in the Philippines |url=https://www.rappler.com/newsbreak/iq/238593-timeline-sogie-equality-philippines/ |access-date=2025-11-10 |website=RAPPLER |language=en-US}}</ref> | |||
=== United Kingdom === | === United Kingdom === | ||
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* [[Sex Discrimination Act 1975]] – makes discrimination against women or men, including discrimination on the grounds of marital status, illegal in the workplace. | * [[Sex Discrimination Act 1975]] – makes discrimination against women or men, including discrimination on the grounds of marital status, illegal in the workplace. | ||
* [[Human Rights Act 1998]] – provides more scope for redressing all forms of discriminatory imbalances. | * [[Human Rights Act 1998]] – provides more scope for redressing all forms of discriminatory imbalances. | ||
*[[Equality Act 2010]] – consolidates, updates and supplements the prior Acts and Regulations that formed the basis of [[anti-discrimination law]].<ref>{{Cite web|title=Equality considerations under the Equality Act 2010, including fulfilment of the PSED for the Collective Agreed Framework in relation to annual leave payments: additional guidance|url=https://www.gov.uk/government/publications/nhs-holiday-pay-for-voluntary-overtime-equalities-impact-assessment/equality-considerations-under-the-equality-act-2010-including-fulfilment-of-the-psed-for-the-collective-agreed-framework-in-relation-to-annual-leave|access-date=2021-07-05|website=GOV.UK|language=en}}</ref><ref>{{Cite web|title=Chapter 1: Introduction and overview of the programme|url=https://www.gov.uk/government/publications/access-to-work-holistic-assessments-provider-guidance/chapter-1-introduction-and-overview-of-the-programme|access-date=2021-07-05|website=GOV.UK|language=en}}</ref><ref>{{Cite web|title=Equality Act 2010: guidance|url=https://www.gov.uk/guidance/equality-act-2010-guidance|access-date=2021-07-05|website=GOV.UK|date=June 16, 2015 |language=en}}</ref> | * [[Equality Act 2010]] – consolidates, updates and supplements the prior Acts and Regulations that formed the basis of [[anti-discrimination law]].<ref>{{Cite web|title=Equality considerations under the Equality Act 2010, including fulfilment of the PSED for the Collective Agreed Framework in relation to annual leave payments: additional guidance|url=https://www.gov.uk/government/publications/nhs-holiday-pay-for-voluntary-overtime-equalities-impact-assessment/equality-considerations-under-the-equality-act-2010-including-fulfilment-of-the-psed-for-the-collective-agreed-framework-in-relation-to-annual-leave|access-date=2021-07-05|website=GOV.UK|language=en}}</ref><ref>{{Cite web|title=Chapter 1: Introduction and overview of the programme|url=https://www.gov.uk/government/publications/access-to-work-holistic-assessments-provider-guidance/chapter-1-introduction-and-overview-of-the-programme|access-date=2021-07-05|website=GOV.UK|language=en}}</ref><ref>{{Cite web|title=Equality Act 2010: guidance|url=https://www.gov.uk/guidance/equality-act-2010-guidance|access-date=2021-07-05|website=GOV.UK|date=June 16, 2015 |language=en}}</ref> | ||
=== United States === | === United States === | ||
* [[Equal Pay Act of 1963]]<ref>{{cite web|url=http://www.finduslaw.com/equal_pay_act_of_1963_epa_29_u_s_code_chapter_8_206_d|title=Equal Pay Act of 1963 – EPA – 29 U.S. Code Chapter 8 § 206(d)|access-date=April 26, 2016 | * [[Equal Pay Act of 1963]]<ref>{{cite web|url=http://www.finduslaw.com/equal_pay_act_of_1963_epa_29_u_s_code_chapter_8_206_d|title=Equal Pay Act of 1963 – EPA – 29 U.S. Code Chapter 8 § 206(d)|access-date=April 26, 2016|archive-url=https://web.archive.org/web/20111123114909/http://finduslaw.com/equal_pay_act_of_1963_epa_29_u_s_code_chapter_8_206_d |archive-date=November 23, 2011}}</ref> – (part of the [[Fair Labor Standards Act]]) – prohibits wage discrimination by employers and labor organizations based on sex. | ||
* [[Civil Rights Act of 1964]] – many provisions, including broadly prohibiting discrimination in the workplace including hiring, firing, workforce reduction, benefits, and sexually harassing conduct.<ref>{{cite web|url=http://www.finduslaw.com/civil_rights_act_of_1964_cra_title_vii_equal_employment_opportunities_42_us_code_chapter_21|title=Civil Rights Act of 1964 – CRA – Title VII – Equal Employment Opportunities – 42 US Code Chapter 21|access-date=April 26, 2016 | * [[Civil Rights Act of 1964]] – many provisions, including broadly prohibiting discrimination in the workplace including hiring, firing, workforce reduction, benefits, and sexually harassing conduct.<ref>{{cite web|url=http://www.finduslaw.com/civil_rights_act_of_1964_cra_title_vii_equal_employment_opportunities_42_us_code_chapter_21|title=Civil Rights Act of 1964 – CRA – Title VII – Equal Employment Opportunities – 42 US Code Chapter 21|access-date=April 26, 2016|archive-url=https://web.archive.org/web/20111229033506/http://finduslaw.com/civil_rights_act_of_1964_cra_title_vii_equal_employment_opportunities_42_us_code_chapter_21 |archive-date=December 29, 2011}}</ref> | ||
* [[Fair Housing Act]] of 1968 prohibited discrimination in the sale or rental of housing based on race, color, national origin, religion, sex, familial status, or disability. The [[Office of Fair Housing and Equal Opportunity]] is charged with administering and enforcing the Act. | * [[Fair Housing Act]] of 1968 prohibited discrimination in the sale or rental of housing based on race, color, national origin, religion, sex, familial status, or disability. The [[Office of Fair Housing and Equal Opportunity]] is charged with administering and enforcing the Act. | ||
* [[Pregnancy Discrimination Act|Pregnancy Discrimination Act of 1978]], which amended Title VII of the Civil Rights Act of 1964 – covers discrimination based upon pregnancy in the workplace.<ref>{{cite web | * [[Pregnancy Discrimination Act|Pregnancy Discrimination Act of 1978]], which amended Title VII of the Civil Rights Act of 1964 – covers discrimination based upon pregnancy in the workplace.<ref>{{cite web | ||
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|access-date=2008-05-14}}</ref> | |access-date=2008-05-14}}</ref> | ||
* [[Violence Against Women Act|Violence Against Women Act of 1994]] | * [[Violence Against Women Act|Violence Against Women Act of 1994]] | ||
*Many states have anti-discrimination laws, such as [[Florida]]'s civil rights laws found in State Statute 760.<ref>{{cite web|url=https://fchr.myflorida.com/history-of-the-florida-commission-on-human-relations|title=History of the Florida Commission on Human Relations| | * Many states have anti-discrimination laws, such as [[Florida]]'s civil rights laws found in State Statute 760.<ref>{{cite web|url=https://fchr.myflorida.com/history-of-the-florida-commission-on-human-relations|title=History of the Florida Commission on Human Relations|access-date=2025-03-12|publisher=State of Florida}}</ref> | ||
===United Nations documents=== | ===United Nations documents=== | ||
Important UN documents addressing discrimination include: | Important UN documents addressing discrimination include: | ||
* The [[Universal Declaration of Human Rights]] is a declaration adopted by the [[United Nations General Assembly]] on December 10, 1948. It states that:" ''Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.''"<ref>{{Cite web|url=https://www.un.org/Overview/rights.html|archive-url=https://web.archive.org/web/20141208080853/http://www.un.org/Overview/rights.html | * The [[Universal Declaration of Human Rights]] is a declaration adopted by the [[United Nations General Assembly]] on December 10, 1948. It states that:" ''Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.''"<ref>{{Cite web|url=https://www.un.org/Overview/rights.html|archive-url=https://web.archive.org/web/20141208080853/http://www.un.org/Overview/rights.html|title=The Universal Declaration of Human Rights<!-- Bot generated title -->|archive-date=December 8, 2014}}</ref> | ||
* The [[International Convention on the Elimination of All Forms of Racial Discrimination]] (ICERD) is a United Nations convention. The Convention commits its members to the elimination of [[racial discrimination]]. The convention was adopted and opened for signature by the United Nations General Assembly on December 21, 1965, and entered into force on January 4, 1969. | * The [[International Convention on the Elimination of All Forms of Racial Discrimination]] (ICERD) is a United Nations convention. The Convention commits its members to the elimination of [[racial discrimination]]. The convention was adopted and opened for signature by the United Nations General Assembly on December 21, 1965, and entered into force on January 4, 1969. | ||
* The [[Convention on the Elimination of All Forms of Discrimination against Women]] (CEDAW) is an international treaty adopted in 1979 by the United Nations General Assembly. Described as an international [[bill of rights]] for women, it came into force on September 3, 1981. | * The [[Convention on the Elimination of All Forms of Discrimination against Women]] (CEDAW) is an international treaty adopted in 1979 by the United Nations General Assembly. Described as an international [[bill of rights]] for women, it came into force on September 3, 1981. | ||
* The [[Convention on the Rights of Persons with Disabilities]] is an international human rights instrument treaty of the United Nations. Parties to the convention are required to promote, protect, and ensure the full enjoyment of human rights by persons with disabilities and ensure that they enjoy full equality under the law. The text was adopted by the United Nations General Assembly on December 13, 2006, and opened for signature on March 30, 2007. Following ratification by the 20th party, it came into force on May 3, 2008. | * The [[Convention on the Rights of Persons with Disabilities]] is an international human rights instrument treaty of the United Nations. Parties to the convention are required to promote, protect, and ensure the full enjoyment of human rights by persons with disabilities and ensure that they enjoy full equality under the law. The text was adopted by the United Nations General Assembly on December 13, 2006, and opened for signature on March 30, 2007. Following ratification by the 20th party, it came into force on May 3, 2008. | ||
===Exemptions=== | |||
{{See also|Conscription and sexism|Religious exemption}} | |||
The Anti-discrimination laws of most countries allow and make exceptions for [[discrimination based on nationality]] and immigration status.<ref name="Fennelly">{{Cite journal |last1=Fennelly |first1=David |title=Racial Discrimination and Nationality and Migration Exceptions: Reconciling CERD and the Race Equality Directive |last2=Murphy |first2=Clíodhna |date=2021 |journal=Netherlands Quarterly of Human Rights |volume=39 |pages=308–328 |doi=10.1177/09240519211055648 |issue=4|s2cid=243839359 |doi-access=free }}</ref> The [[International Convention on the Elimination of All Forms of Racial Discrimination]] (CERD) does not prohibit discrimination by nationality, citizenship or naturalization but forbids discrimination "against any particular nationality".<ref>[https://www.ohchr.org/en/instruments-mechanisms/instruments/international-convention-elimination-all-forms-racial International Convention on the Elimination of All Forms of Racial Discrimination]</ref> | |||
== International cooperation == | == International cooperation == | ||
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==Theories and philosophy== | ==Theories and philosophy== | ||
[[Social theories]] such as [[egalitarianism]] assert that [[social equality]] should prevail. In some societies, including most developed countries, each individual's civil rights include the right to be free from government sponsored social discrimination.<ref>{{cite web |url=http://www.weblocator.com/attorney/mn/law/concivrig.html#30 |archive-url=https://web.archive.org/web/19991023101723/http://www.weblocator.com/attorney/mn/law/concivrig.html#30 | [[Social theories]] such as [[egalitarianism]] assert that [[social equality]] should prevail. In some societies, including most developed countries, each individual's civil rights include the right to be free from government sponsored social discrimination.<ref>{{cite web |url=http://www.weblocator.com/attorney/mn/law/concivrig.html#30 |archive-url=https://web.archive.org/web/19991023101723/http://www.weblocator.com/attorney/mn/law/concivrig.html#30 |archive-date=October 23, 1999 |title=Civil rights |access-date= March 20, 2019 }} | ||
</ref> Due to a belief in the capacity to perceive pain or suffering shared by all animals, [[Abolitionism (animal rights)|abolitionist]] or [[Veganism|vegan]] egalitarianism maintains that the interests of every individual (regardless of their species), warrant [[equal consideration of interests|equal consideration]] with the interests of humans, and that not doing so is [[speciesist]].<ref name="singerethics-sentience">{{cite book |title=Practical Ethics |last=Singer |first=Peter |author-link=Peter Singer |orig- | </ref> Due to a belief in the capacity to perceive pain or suffering shared by all animals, [[Abolitionism (animal rights)|abolitionist]] or [[Veganism|vegan]] egalitarianism maintains that the interests of every individual (regardless of their species), warrant [[equal consideration of interests|equal consideration]] with the interests of humans, and that not doing so is [[speciesist]].<ref name="singerethics-sentience">{{cite book |title=Practical Ethics |last=Singer |first=Peter |author-link=Peter Singer |orig-date=1993 |year=1999 |publisher=Cambridge University Press |location=Cambridge |isbn=978-0-521-43971-8 |edition=Second |pages=[https://archive.org/details/practicalethics00sing_0/page/57 57–58] |chapter=Equality for Animals? |quote=If a being suffers, there can be no moral justification for refusing to take that suffering into consideration. ... This is why the limit of sentience ... is the only defensible boundary of concern for the interests of others. ... Similarly those I would call 'speciesists' give greater weight to their own species when there is a clash between their interests and the interests of those of other species.|title-link=Practical Ethics }}</ref> | ||
Philosophers have debated as to how inclusive the definition of discrimination should be. Some philosophers have argued that discrimination should only refer to wrongful or disadvantageous treatment in the context of a socially salient group (such as race, gender, sexuality etc.) within a given context. Under this view, failure to limit the concept of discrimination would lead to it being overinclusive; for example, since most murders occur because of some perceived difference between the perpetrator and the victim, many murders would constitute discrimination if the social salience requirement is not included. Thus this view argues that making the definition of discrimination overinclusive renders it meaningless. Conversely, other philosophers argue that discrimination should simply refer to wrongful disadvantageous treatment regardless of the social salience of the group, arguing that limiting the concept only to socially salient groups is arbitrary, as well as raising issues of determining which groups would count as socially salient. The issue of which groups should count has caused many political and social debates.<ref name="Altman 2020"/> | Philosophers have debated as to how inclusive the definition of discrimination should be. Some philosophers have argued that discrimination should only refer to wrongful or disadvantageous treatment in the context of a socially salient group (such as race, gender, sexuality etc.) within a given context. Under this view, failure to limit the concept of discrimination would lead to it being overinclusive; for example, since most murders occur because of some perceived difference between the perpetrator and the victim, many murders would constitute discrimination if the social salience requirement is not included. Thus this view argues that making the definition of discrimination overinclusive renders it meaningless. Conversely, other philosophers argue that discrimination should simply refer to wrongful disadvantageous treatment regardless of the social salience of the group, arguing that limiting the concept only to socially salient groups is arbitrary, as well as raising issues of determining which groups would count as socially salient. The issue of which groups should count has caused many political and social debates.<ref name="Altman 2020"/> | ||
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==Effects on health== | ==Effects on health== | ||
{{excerpt|Psychological impact of discrimination on health}} | {{excerpt|Psychological impact of discrimination on health}} | ||
Analysis of data from the UK Household Longitudinal Study has shown a link between disability discrimination and wellbeing. 13.4% of disabled people have felt discriminated against. Larger European studies have found disability discrimination to be very common. Disability discrimination was associated with lower wellbeing, for example depression, self rated health, psychological distress and life satisfaction.<ref>{{Cite journal |last1=Hackett |first1=Ruth A. |last2=Steptoe |first2=Andrew |last3=Lang |first3=Raymond P. |last4=Jackson |first4=Sarah E. |date=2020-03-01 |title=Disability discrimination and well-being in the United Kingdom: a prospective cohort study |url=https://bmjopen.bmj.com/content/10/3/e035714 |journal=BMJ Open |language=en |volume=10 |issue=3 |article-number=e035714 |doi=10.1136/bmjopen-2019-035714 |issn=2044-6055 |pmid=32169928|pmc=7069317 }}</ref> | |||
==See also== | ==See also== | ||
{{Portal|Society}} | {{Portal|Society}} | ||
* | * {{anl|Algorithmic bias}} | ||
* | * {{anl|Class discrimination}} | ||
* | * {{anl|Classicide}} | ||
* | * {{anl|Cultural appropriation}} | ||
* | * {{anl|Cultural assimilation}} | ||
* | * {{anl|Cultural genocide}} | ||
* | * {{anl|Dehumanization}} | ||
* {{anl|Dignity}} | |||
* [[Discrimination against asexual people]] | * [[Discrimination against asexual people]] | ||
* | * {{anl|Discrimination against atheists}} | ||
* [[Discrimination against drug addicts]] | * [[Discrimination against drug addicts]] | ||
* [[Discrimination against members of the armed forces in the United Kingdom]] | * [[Discrimination against members of the armed forces in the United Kingdom]] | ||
* [[Discrimination against people with HIV/AIDS]] | * [[Discrimination against people with HIV/AIDS]] | ||
* [[Discrimination based on skin color]] | * [[Discrimination based on skin color]] | ||
* | * {{anl|Economic discrimination}} | ||
* {{anl|Equal opportunity}} | |||
* | * {{anl|Equality before the law|Equal rights}} | ||
* | |||
* [[Normalization of antisemitism]] | * [[Normalization of antisemitism]] | ||
| Line 271: | Line 294: | ||
{{Wiktionary}} | {{Wiktionary}} | ||
{{Library resources box|by=no|onlinebooks=no|about=yes|wikititle=discrimination}} | {{Library resources box|by=no|onlinebooks=no|about=yes|wikititle=discrimination}} | ||
* [ | * [https://topics.law.cornell.edu/wex/employment_discrimination Employment discrimination –Topics.law.cornell.edu] | ||
* Legal definitions | * Legal definitions | ||
** [https://web.archive.org/web/20020312030853/http://www.hreoc.gov.au/legal/index.html Australia] | ** [https://web.archive.org/web/20020312030853/http://www.hreoc.gov.au/legal/index.html Australia] | ||
Latest revision as of 10:56, 12 November 2025
Template:Short description Template:Use mdy dates Template:Hatnote group
Discrimination is the process of making prejudicial distinctions between people based on the groups, classes, or other categories to which they belong or are perceived to belong,[1] such as race, gender, age, class, religion, disability or sexual orientation.[2] Discrimination typically leads to groups being unfairly treated on the basis of perceived statuses of characteristics, for example ethnic, racial, gender or religious categories.[2][3] It involves depriving members of one group of opportunities or privileges that are available to members of another group.[4]
Discriminatory traditions, policies, ideas, practices and laws exist in many countries and institutions in all parts of the world, including some, where such discrimination is generally decried. In some places, countervailing measures such as quotas have been used to redress the balance in favor of those who are believed to be current or past victims of discrimination. These attempts have often been met with controversy, and sometimes been called reverse discrimination.[5]
Etymology
The term discriminate appeared in the early 17th century in the English language. It is from the Latin discriminat- 'distinguished between', from the verb discriminare, from discrimen 'distinction', from the verb discernere (corresponding to "to discern").[6] Since the American Civil War the term "discrimination" generally evolved in American English usage as an understanding of prejudicial treatment of an individual based solely on their race, later generalized as membership in a certain socially undesirable group or social category.[7] Before this sense of the word became almost universal, it was a synonym for discernment, tact and culture as in "taste and discrimination", generally a laudable attribute; to "discriminate against" being commonly disparaged.[8][9]Script error: No such module "Unsubst".
Definitions
Moral philosophersScript error: No such module "Unsubst". have definedTemplate:When discrimination using a moralized definition. Under this approach, discrimination is defined as acts, practices, or policies that wrongfully impose a relative disadvantage or deprivation on persons based on their membership in a salient social group.[10] This is a comparative definition. An individual need not be actually harmed in order to be discriminated against. They just need to be treated worse than others for some arbitrary reason. If someone decides to donate to help orphan children, but decides to donate less, say, to children of a particular race out of a racist attitude, they will be acting in a discriminatory way even if they actually benefit the people they discriminate against by donating some money to them.[11] Discrimination also develops into a source of oppression, the action of recognizing someone as 'different' so much that they are treated inhumanly and degraded.[12]
This moralized definition of discrimination is distinct from a non-moralized definition—in the former, discrimination is wrong by definition, whereas in the latter, this is not the case.[13]
The United Nations stance on discrimination includes the statement: "Discriminatory behaviors take many forms, but they all involve some form of exclusion or rejection."[14] The United Nations Human Rights Council and other international bodies work towards helping ending discrimination around the world.
Types
Age
Script error: No such module "Labelled list hatnote". Ageism or age discrimination is discrimination and stereotyping based on the grounds of someone's age.[15] It is a set of beliefs, norms, and values which used to justify discrimination or subordination based on a person's age.[16] Ageism is most often directed toward elderly people, or adolescents and children.[17][18]
Age discrimination in hiring has been shown to exist in the United States. Joanna Lahey, professor at The Bush School of Government and Public Service at Texas A&M, found that firms are more than 40% more likely to interview a young adult job applicant than an older job applicant.[19] In Europe, Stijn Baert, Jennifer Norga, Yannick Thuy and Marieke Van Hecke, researchers at Ghent University, measured comparable ratios in Belgium. They found that age discrimination is heterogeneous by the activity older candidates undertook during their additional post-educational years. In Belgium, they are only discriminated if they have more years of inactivity or irrelevant employment.[20]
In a survey for the University of Kent, England, 29% of respondents stated that they had suffered from age discrimination. This is a higher proportion than for gender or racial discrimination. Dominic Abrams, social psychology professor at the university, concluded that ageism is the most pervasive form of prejudice experienced in the UK population.[21]
Caste
Script error: No such module "Labelled list hatnote".
According to UNICEF and Human Rights Watch, caste discrimination affects an estimated 250 million people worldwide and is mainly prevalent in parts of Asia (India, Sri Lanka, Bangladesh, Pakistan, Nepal, Japan) and Africa.[22][23] Template:As of, there were 200 million Dalits or Scheduled Castes (formerly known as "untouchables") in India.[24]
Citizenship or nationality
Script error: No such module "Labelled list hatnote". Discrimination on the basis of nationality, citizenship or naturalization is usually included in employment laws.[25] It may vary from laws that regulate hiring and firing based on citizenship, to forced retirement, compensation and pay, etc., based on immigration status. In the GCC states, in the workplace, preferential treatment is given to full citizens, even though many of them lack experience or motivation to do the job. State benefits are also generally available for citizens only.[26] Citizenship discrimination may show as a "level of acceptance" in a team regarding new team members and employees who differ from the citizenship of the majority of team members.[27] Citizenship discrimination can be sometimes connected with racial discrimination[28] although it can be separate.
Class
Disability
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Discrimination against people with disabilities in favor of people who are not is called ableism or disablism. Disability discrimination, which treats non-disabled individuals as the standard of 'normal living', results in public and private places and services, workplaces and educational settings, that are built to serve 'standard' people, which can exclude or hinder those with various disabilities.
Some studies have shown that employment can be beneficial to people with disabilities, helping to sustain their mental health and well-being. Work can fulfil a number of basic needs for an individual such as collective purpose, social contact, status, and activity, therefore reducing social isolation.[29]
Other research shows that employment is not always beneficial, particularly if a disabled persons needs are not considered. A decline in the working age population, particularly in Europe, is resulting in disabled people being seen as more of a valuable resource, within the labour market, for economic reasons.[30]
In the United States, the Americans with Disabilities Act mandates the provision of equality of access to both buildings and services and is paralleled by similar acts in other countries, such as the Equality Act 2010 in the UK.
Excellence
Language
Name
Discrimination based on a person's name may also occur, with researchers suggesting that this form of discrimination is present based on a name's meaning, its pronunciation, its uniqueness, its gender affiliation, and its racial affiliation.[31][32][33][34][35] Research has further shown that real world recruiters spend an average of just six seconds reviewing each résumé before making their initial "fit/no fit" screen-out decision and that a person's name is one of the six things they focus on most.[36] France has made it illegal to view a person's name on a résumé when screening for the initial list of most qualified candidates. Great Britain, Germany, Sweden, and the Netherlands have also experimented with name-blind summary processes.[37] Some apparent discrimination may be explained by other factors such as name frequency.[38] The effects of name discrimination based on a name's fluency is subtle, small and subject to significantly changing norms.[39]
Race or ethnicity
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Racial and ethnic discrimination differentiates individuals on the basis of real and perceived racial and ethnic differences and leads to various forms of the ethnic penalty.[40][41] It can also refer to the belief that groups of humans possess different behavioral traits corresponding to physical appearance and can be divided based on the superiority of one race over another.[42][43][44][45] It may also mean prejudice, discrimination, or antagonism directed against other people because they are of a different race or ethnicity.[43][44]
Modern variants of racism are often based in social perceptions of biological differences between peoples. These views can take the form of social actions, practices or beliefs, or political systems in which different races are ranked as inherently superior or inferior to each other, based on presumed shared inheritable traits, abilities, or qualities.[43][44][46] It has been official government policy in several countries, such as South Africa during the apartheid era. Discriminatory policies towards ethnic minorities include the race-based discrimination against ethnic Indians and Chinese in Malaysia[47] The concept of multiracism has been used to explain the varieties of race discrimination.[48] After the Vietnam War, many Vietnamese refugees moved to Australia and the United States, where they faced discrimination.[49] Westerners might get paid more than other immigrants in GCC states.[50]
Region
Script error: No such module "Labelled list hatnote". Regional or geographic discrimination is a form of discrimination that is based on the region in which a person lives or the region in which a person was born. It differs from national discrimination because it may not be based on national borders or the country in which the victim lives, instead, it is based on prejudices against a specific region of one or more countries. Examples include discrimination against Chinese people who were born in regions of the countryside that are far away from cities that are located within China, and discrimination against Americans who are from the southern or northern regions of the United States. It is often accompanied by discrimination that is based on accent, dialect, or cultural differences.[51]
Religious beliefs
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Template:Status of religious freedom
Religious discrimination is valuing or treating people or groups differently because of what they do or do not believe in or because of their feelings towards a given religion. For instance, the Jewish population of Germany, and indeed a large portion of Europe, was subjected to discrimination under Adolf Hitler and his Nazi party between 1933 and 1945. They were forced to live in ghettos, wear an identifying star of David on their clothes, and sent to concentration and death camps in rural Germany and Poland, where they were to be tortured and killed, all because of their Jewish religion. Many laws (most prominently the Nuremberg Laws of 1935) separated those of Jewish faith as supposedly inferior to the Christian population.
Restrictions on the types of occupations that Jewish people could hold were imposed by Christian authorities. Local rulers and church officials closed many professions to religious Jews, pushing them into marginal roles that were considered socially inferior, such as tax and rent collecting and moneylending, occupations that were only tolerated as a "necessary evil".[52] The number of Jews who were permitted to reside in different places was limited; they were concentrated in ghettos and banned from owning land.
In Saudi Arabia, non-Muslims are not allowed to publicly practice their religions and they cannot enter Mecca and Medina.[53][54] Furthermore, private non-Muslim religious gatherings might be raided by the religious police.[54] In Maldives, non-Muslims living and visiting the country are prohibited from openly expressing their religious beliefs, holding public congregations to conduct religious activities, or involving Maldivians in such activities. Those expressing religious beliefs other than Islam may face imprisonment of up to five years or house arrest, fines ranging from 5,000 to 20,000 rufiyaa ($320 to $1,300), and deportation.[55]
In Myanmar, 600,000 Rohingya muslims have been forced to become refugees in Bangladesh due to institutionalised religious discrimination, in law, policy and practice.[56] An example is the government refusing to grant them citizenship, making them stateless without legal documentation. In 2015 Buddhist nationalists protested their right to vote in a constitutional referendum.[57]
In a 1979 consultation on the issue, the United States commission on civil rights defined religious discrimination in relation to the civil rights which are guaranteed by the Fourteenth Amendment. Whereas religious civil liberties, such as the right to hold or not to hold a religious belief, are essential for Freedom of Religion (in the United States as secured by the First Amendment), religious discrimination occurs when someone is denied "equal protection under the law, equality of status under the law, equal treatment in the administration of justice, and equality of opportunity and access to employment, education, housing, public services and facilities, and public accommodation because of their exercise of their right to religious freedom".[58]
Sex, sex characteristics, gender, and gender identity
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Sexism is a form of discrimination based on a person's sex or gender. It has been linked to stereotypes and gender roles,[59][60] and may include the belief that one sex or gender is intrinsically superior to another.[61] Extreme sexism may foster sexual harassment, rape, and other forms of sexual violence.[62] Gender discrimination may encompass sexism and is discrimination toward people based on their gender identity[63] or their gender or sex differences.[64] Gender discrimination is especially defined in terms of workplace inequality.[64] It may arise from social or cultural customs and norms.[65]
Intersex persons experience discrimination due to innate, atypical sex characteristics. Multiple jurisdictions now protect individuals on grounds of intersex status or sex characteristics. South Africa was the first country to explicitly add intersex to legislation, as part of the attribute of 'sex'.[66] Australia was the first country to add an independent attribute, of 'intersex status'.[67][68] Malta was the first to adopt a broader framework of 'sex characteristics', through legislation that also ended modifications to the sex characteristics of minors undertaken for social and cultural reasons.[69][70] Global efforts such as the United Nations Sustainable Development Goal 5 is also aimed at ending all forms of discrimination on the basis of gender and sex.[71]
Sexual orientation
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One's sexual orientation is a "predilection for homosexuality, heterosexuality, or bisexuality".[72] Like most minority groups, homosexuals and bisexuals are vulnerable to prejudice and discrimination from the majority group. They may experience hatred from others because of their sexuality; a term for such hatred based upon one's sexual orientation is often called homophobia. Many continue to hold negative feelings towards those with non-heterosexual orientations and will discriminate against people who have them or are thought to have them. People of other uncommon sexual orientations also experience discrimination. One study found its sample of heterosexuals to be more prejudiced against asexual people than against homosexual or bisexual people.[73]
Employment discrimination based on sexual orientation varies by country. Revealing a lesbian sexual orientation (by means of mentioning an engagement in a rainbow organisation or by mentioning one's partner name) lowers employment opportunities in Cyprus and Greece but overall, it has no negative effect in Sweden and Belgium.[74][75][76][77] In the latter country, even a positive effect of revealing a lesbian sexual orientation is found for women at their fertile ages.
Besides these academic studies, in 2009, ILGA published a report based on research carried out by Daniel Ottosson at Södertörn University College in Stockholm, Sweden. This research found that of the 80 countries around the world that continue to consider homosexuality illegal, five carry the death penalty for homosexual activity, and two do in some regions of the country.[78] In the report, this is described as "State sponsored homophobia".[79] This happens in Islamic states, or in two cases regions under Islamic authority.[80][81] On February 5, 2005, the IRIN issued a reported titled "Iraq: Male homosexuality still a taboo". The article stated, among other things that honor killings by Iraqis against a gay family member are common and given some legal protection.[82] In August 2009, Human Rights Watch published an extensive report detailing torture of men accused of being gay in Iraq, including the blocking of men's anuses with glue and then giving the men laxatives.[83] Although gay marriage has been legal in South Africa since 2006, same-sex unions are often condemned as "un-African".[84] Research conducted in 2009 shows 86% of black lesbians from the Western Cape live in fear of sexual assault.[85] Script error: No such module "labelled list hatnote".
A number of countries, especially those in the Western world, have passed measures to alleviate discrimination against sexual minorities, including laws against anti-gay hate crimes and workplace discrimination. Some have also legalized same-sex marriage or civil unions in order to grant same-sex couples the same protections and benefits as opposite-sex couples. In 2011, the United Nations passed its first resolution recognizing LGBT rights.
Reverse discrimination
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Reverse discrimination is discrimination against members of a dominant or majority group, in favor of members of a minority or historically disadvantaged group.[86]
This discrimination may seek to redress social inequalities under which minority groups have had less access to privileges enjoyed by the majority group. In such cases it is intended to remove discrimination that minority groups may already face. Reverse discrimination can be defined as the unequal treatment of members of the majority groups resulting from preferential policies, as in college admissions or employment, intended to remedy earlier discrimination against minorities.[87]
Conceptualizing affirmative action as reverse discrimination became popular in the early- to mid-1970s, a time period that focused on under-representation and action policies intended to remedy the effects of past discrimination in both government and the business world.[88]
Anti-discrimination laws
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Australia
- Racial Discrimination Act 1975
- Sex Discrimination Act 1984
- Disability Discrimination Act 1992
- Age Discrimination Act 2004
Canada
Hong Kong
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India
Article 15 of the Constitution of India prohibits discrimination against any citizen on grounds of caste, religion, sex, race or place of birth etc.[90] Similarly, the Constitution of India guarantees several rights to all citizens irrespective of gender, such as right to equality under Article 14, right to life and personal liberty under Article 21.[91]
Indian Penal Code, 1860 (Section 153 A) – Criminalises the use of language that promotes discrimination or violence against people on the basis of race, caste, sex, place of birth, religion, gender identity, sexual orientation or any other category.[92]
Israel
- Prohibition of Discrimination in Products, Services and Entry into Places of Entertainment and Public Places Law, 2000
- Employment (Equal Opportunities) Law, 1988
- Law of Equal Rights for Persons with Disabilities, 1998
Netherlands
- Article 137c, part 1 of Wetboek van Strafrecht prohibits insults towards a group because of its race, religion, sexual orientation (straight or gay), handicap (somatically, mental or psychiatric) in public or by speech, by writing or by a picture. Maximum imprisonment one year of imprisonment or a fine of the third category.[93][94]
- Part 2 increases the maximum imprisonment to two years and the maximum fine category to 4,[95] when the crime is committed as a habit or is committed by two or more persons.
- Article 137d prohibits provoking to discrimination or hate against the group described above. Same penalties apply as in article 137c.[96]
- Article 137e part 1 prohibits publishing a discriminatory statement, other than in formal message, or hands over an object (that contains discriminatory information) otherwise than on his request. Maximum imprisonment is 6 months or a fine of the third category.[93][97]
- Part 2 increases the maximum imprisonment to one year and the maximum fine category to 4,[95] when the crime is committed as a habit or committed by two or more persons.
- Article 137f prohibits supporting discriminatory activities by giving money or goods. Maximum imprisonment is 3 months or a fine of the second category.[98][99]
Philippines
- 1987 Philippine Constitution – Guarantees equal protection under the law and prohibits discrimination based on sex, religion, race, and other status.[100]
- Labor Code of the Philippines (Presidential Decree No. 442, 1974) – Prohibits unfair treatment in employment based on sex, race, creed, and promotes merit-based employment decisions.[101]
- Magna Carta for Persons with Disability (RA 7277, 1992) – Prohibits discrimination against persons with disabilities in employment, education, and access to public services.[102]
- Anti-Sexual Harassment Act (RA 7877, 1995) – Prohibits sexual harassment in workplaces, schools, and training environments as a form of discrimination.[103]
- Anti-Age Discrimination in Employment Act (RA 10911, 2016) – Prohibits discrimination in employment based on age, including hiring, promotion, and compensation.[104]
- Magna Carta of Women (RA 9710, 2009) – Provides comprehensive protection against gender-based discrimination and promotes women's rights.[105]
- Safe Spaces Act (RA 11313, 2019) – Prohibits gender-based harassment, sexist remarks, and homophobic remarks, including discrimination in public spaces and online.[106][107][108]
- Solo Parents' Welfare Act (RA 8972, 2000) – Protects solo parents from discrimination in employment and social services.[109]
- Mental Health Act (RA 11036, 2018) – Prohibits discrimination against persons with mental health conditions in employment, education, and access to services.[110]
- Proposed SOGIE Equality Bill (as of 2025) – Seeks to prohibit discrimination based on sexual orientation, gender identity, and expression in employment, education, healthcare, and public services.[111][112]
United Kingdom
- Equal Pay Act 1970 – provides for equal pay for comparable work.
- Sex Discrimination Act 1975 – makes discrimination against women or men, including discrimination on the grounds of marital status, illegal in the workplace.
- Human Rights Act 1998 – provides more scope for redressing all forms of discriminatory imbalances.
- Equality Act 2010 – consolidates, updates and supplements the prior Acts and Regulations that formed the basis of anti-discrimination law.[113][114][115]
United States
- Equal Pay Act of 1963[116] – (part of the Fair Labor Standards Act) – prohibits wage discrimination by employers and labor organizations based on sex.
- Civil Rights Act of 1964 – many provisions, including broadly prohibiting discrimination in the workplace including hiring, firing, workforce reduction, benefits, and sexually harassing conduct.[117]
- Fair Housing Act of 1968 prohibited discrimination in the sale or rental of housing based on race, color, national origin, religion, sex, familial status, or disability. The Office of Fair Housing and Equal Opportunity is charged with administering and enforcing the Act.
- Pregnancy Discrimination Act of 1978, which amended Title VII of the Civil Rights Act of 1964 – covers discrimination based upon pregnancy in the workplace.[118]
- Violence Against Women Act of 1994
- Many states have anti-discrimination laws, such as Florida's civil rights laws found in State Statute 760.[119]
United Nations documents
Important UN documents addressing discrimination include:
- The Universal Declaration of Human Rights is a declaration adopted by the United Nations General Assembly on December 10, 1948. It states that:" Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status."[120]
- The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) is a United Nations convention. The Convention commits its members to the elimination of racial discrimination. The convention was adopted and opened for signature by the United Nations General Assembly on December 21, 1965, and entered into force on January 4, 1969.
- The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) is an international treaty adopted in 1979 by the United Nations General Assembly. Described as an international bill of rights for women, it came into force on September 3, 1981.
- The Convention on the Rights of Persons with Disabilities is an international human rights instrument treaty of the United Nations. Parties to the convention are required to promote, protect, and ensure the full enjoyment of human rights by persons with disabilities and ensure that they enjoy full equality under the law. The text was adopted by the United Nations General Assembly on December 13, 2006, and opened for signature on March 30, 2007. Following ratification by the 20th party, it came into force on May 3, 2008.
Exemptions
Script error: No such module "Labelled list hatnote". The Anti-discrimination laws of most countries allow and make exceptions for discrimination based on nationality and immigration status.[121] The International Convention on the Elimination of All Forms of Racial Discrimination (CERD) does not prohibit discrimination by nationality, citizenship or naturalization but forbids discrimination "against any particular nationality".[122]
International cooperation
- Global Forum against Racism and Discrimination[123]
- The International Coalition of Inclusive and Sustainable Cities (ICCAR) launched by UNESCO in 2004[124]
- Routes of Enslaved Peoples project
Theories and philosophy
Social theories such as egalitarianism assert that social equality should prevail. In some societies, including most developed countries, each individual's civil rights include the right to be free from government sponsored social discrimination.[125] Due to a belief in the capacity to perceive pain or suffering shared by all animals, abolitionist or vegan egalitarianism maintains that the interests of every individual (regardless of their species), warrant equal consideration with the interests of humans, and that not doing so is speciesist.[126]
Philosophers have debated as to how inclusive the definition of discrimination should be. Some philosophers have argued that discrimination should only refer to wrongful or disadvantageous treatment in the context of a socially salient group (such as race, gender, sexuality etc.) within a given context. Under this view, failure to limit the concept of discrimination would lead to it being overinclusive; for example, since most murders occur because of some perceived difference between the perpetrator and the victim, many murders would constitute discrimination if the social salience requirement is not included. Thus this view argues that making the definition of discrimination overinclusive renders it meaningless. Conversely, other philosophers argue that discrimination should simply refer to wrongful disadvantageous treatment regardless of the social salience of the group, arguing that limiting the concept only to socially salient groups is arbitrary, as well as raising issues of determining which groups would count as socially salient. The issue of which groups should count has caused many political and social debates.[13]
Based on realistic-conflict theory[127] and social-identity theory,[128] Rubin and Hewstone[129] have highlighted a distinction among three types of discrimination:
- Realistic competition is driven by self-interest and is aimed at obtaining material resources (e.g., food, territory, customers) for the in-group (e.g., favoring an in-group in order to obtain more resources for its members, including the self).
- Social competition is driven by the need for self-esteem and is aimed at achieving a positive social status for the in-group relative to comparable out-groups (e.g., favoring an in-group in order to make it better than an out-group).
- Consensual discrimination is driven by the need for accuracy[130] and reflects stable and legitimate intergroup status hierarchies (e.g., favoring a high-status in-group because it is high status).
Labeling theory
Discrimination, in labeling theory, takes form as mental categorization of minorities and the use of stereotype. This theory describes difference as deviance from the norm, which results in internal devaluation and social stigma[131] that may be seen as discrimination. It is started by describing a "natural" social order. It is distinguished between the fundamental principle of fascism and social democracy.[132]Template:Clarify The Nazis in 1930s-era Germany and the pre-1990 Apartheid government of South Africa used racially discriminatory agendas for their political ends. This practice continues with some present day governments.[133]
Game theory
Economist Yanis Varoufakis (2013) argues that "discrimination based on utterly arbitrary characteristics evolves quickly and systematically in the experimental laboratory", and that neither classical game theory nor neoclassical economics can explain this.[134]
In 2002, Varoufakis and Shaun Hargreaves-Heap ran an experiment where volunteers played a computer-mediated, multiround hawk-dove game. At the start of each session, each participant was assigned a color at random, either red or blue. At each round, each player learned the color assigned to his or her opponent, but nothing else about the opponent. Hargreaves-Heap and Varoufakis found that the players' behavior within a session frequently developed a discriminatory convention, giving a Nash equilibrium where players of one color (the "advantaged" color) consistently played the aggressive "hawk" strategy against players of the other, "disadvantaged" color, who played the acquiescent "dove" strategy against the advantaged color. Players of both colors used a mixed strategy when playing against players assigned the same color as their own. The experimenters then added a cooperation option to the game, and found that disadvantaged players usually cooperated with each other, while advantaged players usually did not. They state that while the equilibria reached in the original hawk-dove game are predicted by evolutionary game theory, game theory does not explain the emergence of cooperation in the disadvantaged group. Citing earlier psychological work of Matthew Rabin, they hypothesize that a norm of differing entitlements emerges across the two groups, and that this norm could define a "fairness" equilibrium within the disadvantaged group.[135]
Effects on health
Template:Excerpt Analysis of data from the UK Household Longitudinal Study has shown a link between disability discrimination and wellbeing. 13.4% of disabled people have felt discriminated against. Larger European studies have found disability discrimination to be very common. Disability discrimination was associated with lower wellbeing, for example depression, self rated health, psychological distress and life satisfaction.[136]
See also
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- Template:Anl
- Template:Anl
- Template:Anl
- Template:Anl
- Template:Anl
- Template:Anl
- Template:Anl
- Template:Anl
- Discrimination against asexual people
- Template:Anl
- Discrimination against drug addicts
- Discrimination against members of the armed forces in the United Kingdom
- Discrimination against people with HIV/AIDS
- Discrimination based on skin color
- Template:Anl
- Template:Anl
- Template:Anl
- Normalization of antisemitism
References
External links
Template:Commonscat Template:Sister project Template:Sister project Template:Library resources box
- Employment discrimination –Topics.law.cornell.edu
- Legal definitions
- Discrimination Laws in Europe
- Behavioral Biology and Racism
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- ↑ Kasper Lippert-Rasmussen, "Private Discrimination: A Prioritarian, Desert-Accommodating Account", San Diego Law Review, 43, 817–856 (2006); Oscar Horta, "Discrimination in Terms of Moral Exclusion", Theoria: Swedish Journal of Philosophy, 76, 346–364 (2010).
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- ↑ "Young and Oppressed". youthrights.org. Retrieved April 11, 2012. Template:Webarchive
- ↑ Lahey, J. (2005) Do Older Workers Face Discrimination? Boston College. Template:Webarchive
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- ↑ Race, Color, National Origin and Ancestry, State of Wisconsin Template:Webarchive
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